DOT CBD Notice

CBD Molecule

DOT OFFICE OF DRUG AND ALCOHOL POLICY AND COMPLIANCE NOTICE

 

The Agricultural Improvement Act of 2018, Pub. L. 115-334, (Farm Bill) removed hemp from the definition of marijuana under the Controlled Substances Act.  Under the Farm Bill, hemp-derived products containing a concentration of up to 0.3% tetrahydrocannabinol (THC) are not controlled substances.  THC is the primary psychoactive component of marijuana.  Any product, including “Cannabidiol” (CBD) products, with a concentration of more than 0.3% THC remains classified as marijuana, a Schedule I drug under the Controlled Substances Act.

 

We have had inquiries about whether the Department of Transportation-regulated safety-sensitive employees can use CBD products.  Safety-sensitive employees who are subject to drug testing specified under 49 CFR part 40 (Part 40) include:  pilots, school bus drivers, truck drivers, train engineers, transit vehicle operators, aircraft maintenance personnel, fire-armed transit security personnel, ship captains, and pipeline emergency response personnel, among others.

 

It is important for all employers and safety-sensitive employees to know:

 

  1. The Department of Transportation requires testing for marijuana and not CBD.

 

  1. The labeling of many CBD products may be misleading because the products could contain higher levels of THC than what the product label states. The Food and Drug Administration (FDA) does not currently certify the levels of THC in CBD products, so there is no Federal oversight to ensure that the labels are accurate. The FDA has cautioned the public that: “Consumers should beware purchasing and using any [CBD] products.”  The FDA has stated: “It is currently illegal to market CBD by adding it to a food or labeling it as a dietary supplement.”*  Also, the FDA has issued several warning letters to companies because their products contained more CBD than indicated on the product label. **[i]

 

  1. The Department of Transportation’s Drug and Alcohol Testing Regulation, Part 40, does not authorize the use of Schedule I drugs, including marijuana, for any reason. Furthermore, 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.

 

It remains unacceptable for any safety-sensitive employee subject to the Department of Transportation’s drug testing regulations to use marijuana.  Since the use of CBD products could lead to a positive drug test result, Department of Transportation-regulated safety-sensitive employees should exercise caution when considering whether to use CBD products.

 

The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. This policy and compliance notice is not legally binding in its own right and will not be relied upon by the Department as a separate basis for affirmative enforcement action or other administrative penalty.  Conformity with this policy and compliance notice is voluntary only and nonconformity will not affect rights and obligations under existing statutes and regulations.  Safety-sensitive employees must continue to comply with the underlying regulatory requirements for drug testing, specified at 49 CFR part 40.

 

 

February 18, 2020

How Long Are Substances Detectable?

Laboratory

Have you ever wondered how long substances are detectable in a urine drug test? Below is an overview of some substances that are detected and their detection time in urine drug testing.

 

Contact us if you are interested in more information.

Opioids
Substance Detected As Detection Time in Urine
Buprenorphine Buprenorphine & Norbuprenorphine 2 to 4 days
Codeine Codeine & Morphine 2 to 3 days
Dihydrocodeine Dihyrocodeine & Hydrocodone 2 to 3 days
Fentanyl Fentanyl 1 to 3 days
Heroin 6-MAM & Morphine 8 hours
Hydrocodone Hydrocodone & Hydromorphone 1 to 3 days
Hydromorphone Hydromorphone 1 to 3 days
Levorphanol Levorphanol Unknown
Meperidine Meperidine & Normeperidine 1 to 2 days
Methadone Methadone Up to 14 days
Methadone metabolite (EDDP) 2-ethylidene-1,5-dimethyl-3,3-diphenylpyrroldine Up to 14 days
Morphine Morphine 2 to 3 days
Oxycodone Oxycodone & Oxymorphone 2 to 3 days
Oxymorphone Oxymorphone 2 to 3 days
Propoxyphene Propoxyphene & Norpropoxyphene Up to 7 days
Tapentadol Tapentadol 2 to 3 days
Tramadol Tramadol & O-Desmethyltramadol 2 to 4 days
Benzodiazepines
Substance Detected As Detection Time in Urine
Alprazolam alpha-Hydroxyalprazolam 2 to 4 days
Chlordiazepoxide Nordiazepam Oxazepam 2 to 4 days
Clonazepam 7-Aminoclonazepam 2 to 4 days
Diazepam Nordiazepam & Oxazepam 2 to 7 days
Flunitrazepam 7-Aminoflunitrazepam Unknown
Flurazepam 2-Hydroxyethyl flurazepam Up to 20 days
Lorazepam Lorazepam 5 to 7 days
Midazolam alpha-hydroxymidazolam Unknown
Oxazepam Oxazepam 2 to 7 days
Temezpam Oxazepam & Temezepam 1 to 4 days
Triazolam alpha-Hydroxytriazolam 1 to 2 days
Musculoskeletal Relaxants
Substance Detected As Detection Time in Urine
Carisoprodol Carisoprodol 1 day
Meprobamate Meprobamate 2 to 3 days
Stimulants
Substance Detected As Detection Time in Urine
Amphetamines Amphetamine 3 to 5 days
Cocaine metabolite (BE) Benzoylecgonine 1 to 2 days
Methamphetamine AMPH & MAMPH 3 to 5 days
Methylenedioxyamphetamine MDA 3 to 5 days
Methylenedioxymethamphetamine MDA & MDMA 3 to 5 days
Methylenedioxyethylamphetamine MDA & MDEA 3 to 5 days
Other Substances
Substance Detected As Detection Time in Urine
Cannabinoids (THC) THC-COOH Up to 45 days
Phencyclidine (PCP) PCP Unknown
Nicotine Cotinine 1 to 3 days
Alcohol EtOH 2 to 10 hours