b' 2020 Marketer InformationRULES & RegulationsU.S. DOT DRUG, ALCOHOL TESTING REQUIREMENTS,Legalized Marijuana, and CBD OilW rehabilitation steps that must be completed before returning Washington, D.C. - One of the most com-mon questions I am asked by petroleumto work. To avoid any misunderstandings surrounding the marketers recently is how do state lawsuse of CBD oils and legalized medical or recreation use of legalizing marijuana for medical and/ormarijuana, employers should communicate the following to recreational purposes affect federal drugCDL drivers:Mark S. Morgan, Esqtesting requirements for CDL drivers. The PMAA RegulatoryU. S. Department of Transportation (DOT) Counsel Office of Drug and Alcohol recently ad- Communicate Cautions to CDL DriversDOdressed this issue in a policy statement thatoUse of THC is forbidden for CDL drivers, no mat-includes a clarification of the use of cannabidiol (CBD) oilter the source. Marijuana and CBD oils, even if legal by CDL drivers as well. This is the second time in a year thatunder state law, are banned under federal law.the DOT has issued a clarification notice on the subject. TheoTrace amounts of THC from CBD oils or marijuana agency says despite its previous warnings on the use of legal- will show up in a DOT urine specimen for many days T DR after use.ized marijuana and CBD oil, their use among drivers is on the increase. The US DOT attributes the increase to lack of driveroMROs will not accept the legalized status of CBDand employer awareness on the relationship between stateoil or marijuana as a valid medical explanation forand federal law. Federal law does not recognize the legalizeda positive DOT drug test.status of these products and use of any will result in a positiveoA positive drug test result requires employers to drug test regardless of state legal status. remove drivers from safety-sensitive functions until According to the DOT, both CBD oil and marijuana containspecific steps in the DOT return-to-duty process are successfully completed. These steps include:tetrahydrocannabinol (THC), a Schedule 1 substance that isUG banned under the federal drug and alcohol testing program.oBe evaluated by a substance abuse professional,CBD oil derived from hemp contains a THC content of 0.3%oComplete prescribed drug rehabilitationwhile the concentrations of THC in marijuana can rangetreatment, and anywhere between 5% and 30%. Products containing THCoEnforcement authorities will treat CBDare not allowed under the DOT drug testing program foroil or legalized marijuana found insideany reason. Consequently, medical review officers (MROs)TESTa commercial motor vehicle as possessionconducting CDL driver drug tests will not issue a negativeof a Schedule 1 banned substance.drug test result simply because the THC detected in a drivers urine specimen was from the legalized recreational use of CBD oil or marijuana. In addition, an MRO will not issue aCDL drivers are more likely to be aware of the DOT drug negative drug test result based upon information that a physi- testing issues raised by legalized recreational and medical cian recommended or prescribed a drivers use of marijuanamarijuana because it has been a banned substance under the in states where medical marijuana is legalized.drug testing program from its inception. However, CBD oil may not raise the same red flag for drivers. CBD oil is a rela-Despite the DOTs position on legalized marijuana and CBDtively new product that is sold everywhere over the counter oil, many drivers remain unaware that their legalized statusand can be bought as easily as an energy drink. As a result, under state law is not a shield against violations of the federaldrivers are more apt to see CBD oil as harmless and use it DOT drug testing requirements. Unfortunately, some driverswithout a second thought to the legal consequences of doing dont learn the truth until a positive test result for THC comesso. Losing a driver to a positive drug test can have a signifi-cant impact on business operations. However, this kind of back leading to job loss or, where employers are willing toimpact is easily avoidable by driver education and awareness. give a second chance, an array of costly and time-consuming SWPMA News / Summer 202019'