Positive drug tests account for 81% of the total violations reported in the Clearinghouse since January 6, 2020. As of May 1, 2021, marijuana has been detected in over half of all drug tests that have been filed in the Clearinghouse.
It is important for all employees who perform safety-sensitive functions, including CDL drivers, to know:
The USDOT requires testing for marijuana and not CBD.
The labeling of many CBD products may be misleading because the products could contain higher levels of tetrahydrocannabinol (THC) than what’s stated on the product label.
The USDOT’s Drug and Alcohol Testing Regulation, 49 CFR Part 40, does not authorize the use of Schedule I drugs, including marijuana, for any reason.
CBD use is not a legitimate medical explanation for a laboratory-confirmed marijuana positive result. Therefore, Medical Review Officers will verify a drug test confirmed at the appropriate cutoffs as positive, even if an employee claims they only used a CBD product.
Since the use of CBD products could lead to a positive drug test result, USDOT-regulated CDL drivers should exercise caution when considering whether to use CBD products.
Drug and alcohol program violations incurred by CDL drivers are recorded in the Clearinghouse, and associated with the CDL number of the driver who incurred the violation. You will need to register for the Clearinghouse and verify your current CDL information to view whether there are violations associated with your current or previous CDL numbers. Visit the new Before You Register page for more information and to start registration.