DOT weighs in on CBD products: Workers in safety-sensitive jobs should be cautious

Washington — CBD products may have higher levels of tetrahydrocannabinol, or THC – the main psychoactive ingredient in marijuana – than the Department of Transportation allows in a non-controlled substance, the agency cautions in a Feb. 18 policy and compliance notice, adding that CBD use is not a “legitimate medical explanation” for a safety-sensitive employee who tests positive for marijuana.

The Agricultural Improvement Act of 2018 – also known as the Farm Bill – altered the definition of “marijuana” under the Controlled Substances Act of 1970. Hemp-derived products with a THC concentration of 0.3% or less are no longer considered controlled substances.

In response to inquiries about whether safety-sensitive employees (e.g., pilots, school bus drivers, truck drivers, transit vehicle operators, aircraft maintenance personnel, train engineers and ship captains) can use CBD products, DOT notes that although it requires testing for marijuana and not CBD, many CBD products have misleading labels.

“The products could contain higher levels of THC than what the product label states,” the notice states. “The Food and Drug Administration does not currently certify the levels of THC in CBD products, so there is no federal oversight to ensure that the labels are accurate.”

Employees who claim to use only CBD products can test positive for marijuana and run afoul of DOT’s drug-testing regulations.

“[Because] the use of CBD products could lead to a positive drug test result, [DOT]-regulated safety-sensitive employees should exercise caution when considering whether to use CBD products,” the notice states.