In 2018, the Farm Bill separated hemp from marijuana under the law, making CBD products with less than 0.3% THC legal. But if you’re a safety-sensitive employee under the Department of Transportation (DOT), using CBD isn’t as straightforward as one might think.
**The Basics: Farm Bill and CBD**
The Farm Bill made CBD products from hemp legal if they have under 0.3% THC. While it doesn’t cause the “high” that THC does, it’s primarily gaining popularity for potential health benefits.
**Safety-Sensitive Employees and DOT Rules**
If you’re in safety-sensitive roles like driving, flying, or operating machinery, DOT has strict drug testing rules. Even though CBD within legal limits is allowed, it can still lead to a positive test for marijuana due to those rules.
**CBD Product Caution and FDA Oversight**
Be careful when choosing CBD products. The FDA doesn’t regulate THC levels in it yet, so labels can be misleading. Some products may have more THC than claimed, potentially causing problems in drug tests.
**What You Need to Remember**
– For safety-sensitive DOT employees, using CBD within legal limits can still show up as a marijuana positive on drug tests.
– The FDA doesn’t control THC levels in CBD products. This may result in CBD labels potentially being inaccurate. – Even though it is legal, it’s not a valid excuse for a positive drug test.
**Stay Informed and Be Cautious**
While CBD is more accessible now, if you’re a DOT safety-sensitive employee, it’s wise to think twice before using it. Rules can be complex, and in a world where a positive drug test can have serious consequences. Do you want to take that risk?
As DER and HR professionals we encourage you to share the DOT’s CBD Notice with your team, so they may be educated in the regulations.