With ever-changing marijuana laws, increasing popularity and pervasiveness of Cannabidiol (CBD) and medical marijuana products as well as a lack of regulation, it is hardly surprising that both businesses and employees are often uncertain about how to proceed.

Just this week, the Department of Transportation (DOT), issued a new compliance notice clarifying its stand on CBD, essentially stating that:

1. Any product including “Cannabidiol” (CBD), with a concentration of more than 0.3% THC remains classified as marijuana, a Schedule I drug under the Controlled Substances Act. 
2. It continues to be unacceptable for safety-sensitive employees who are subject to drug testing specified under 49 CFR part 40 (Part 40), to use marijuana.
3. The DOT requires testing for marijuana, not CBD.
4. HOWEVER, labeling on many CBD products may be misleading about THC levels. Therefore, consumers need to beware that they may test positive for marijuana because the product contains 0.3% THC or more even if this is not stated on the product label.
5. If an employee tests positive for marijuana, CBD use is not a legitimate medical explanation under DOT regulations.

In short, DOT is warning both employers and employees that the use of CBD products, which are not FDA approved, may result in a positive drug test which means DOT mandated consequences go into effect.

The DOT notice is helpful, but questions remain. CBD is only one of many areas of uncertainty that DOT-regulated businesses are grappling with in this unsettled environment.Solutions for Navigating the Future

To help our members make the safest, most informed decisions possible, the National Drug & Alcohol Screening Association, will feature some exceptional learning opportunities during NDASA’s National Conference & Tradeshow, March 9-11 in Jacksonville, FL.

We have assembled the top experts in the field, who have the most updated knowledge about the laws and the science of marijuana, to share their knowledge.

Solutions for Navigating the Future

Join us for:

• Changing Cannabis Laws – This training course is a must for a thorough understanding of how to approach workplace drug policies in the age of legal cannabis. It will provide an overview of the massive changes to marijuana products, use methods, potencies and delivery methods that have happened over the past few years, as well as the laws. The course will also give some insight into what is on the horizon.  (Monday, March 9, 1 -5 p.m.) Course cost: $299.00 Members / $399.00 Non-Members.  Sign Up
• Medical Marijuana from an MRO Perspective – A presentation by Dr. Todd Simo, Chief Medical Review Officer at HireRight. (Wednesday, March 11, 10:15 – 11:15 a.m.)
• Is Cannabis Dangerous? – A general session with bestselling author and journalist Alex Berenson and Peter Bensinger, founder of Bensinger, DuPont & Associates and a nationally recognized expert on issues surrounding drugs and alcohol in the workplace. This presentation will cover scientific evidence gathered and lessons learned from states where marijuana has been legalized, with an eye to what employers need to know. It is highly relevant for TPAs, SAPs, DERs, MROs, and any other industry professional dealing with the questions relating to cannabis use and the relationship between marijuana use, mental health, workplace safety and EAP/SAP services. (Wednesday, March 11, 2:30-4:30 p.m.)