The U.S. Department of Transportation (DOT) Office of Drug and Alcohol Policy Compliance (ODAPC) published a notice in February concerning the use of hemp and cannabidiol (CBD) products by safety-sensitive employees regulated by DOT’s agencies. ODAPC stated that any product, including CBD products, with a concentration of more than 0.3% THC remains classified as marijuana, a Schedule I drug under the Controlled Substances Act. All safety-sensitive employees should understand that DOT requires testing for marijuana and not CBD, and that the labeling of many CBD products may be misleading because the products could contain higher levels of THC than what the product label states. Furthermore, DOT’s Drug and Alcohol Testing Regulation, Part 40, does not authorize the use of Schedule I drugs for any reason.
