Employers and drivers are reminded that 49 CFR Part 40 does not authorize the use of Schedule I drugs, including marijuana, for any reason among commercial drivers. A physician recommendation for medical marijuana, or use of a CBD product, is NOT a legitimate medical explanation for a laboratory-confirmed marijuana positive test result. As of April 2022, marijuana has been detected in almost half of the positive drug tests that have been reported in the FMCSA Drug & Alcohol Clearinghouse (negative test results are not reported). Since the use of CBD products can lead to a positive drug test result, DOT-regulated CDL drivers should exercise caution when considering whether to use them. For more information, read the USDOT’s “Medical Marijuana Notice” and “CBD Notice”.
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