For 24 Hour Testing Call 844.825.5030 Today!
  • Services

    So much more than Drug & Alcohol Testing.

Occupational Health testing made simple.

All your testing needs in 1 place.

At our office or yours. Day or night.

24 Hour Emergency Testing

Your work day doesn’t stop at 5PM…..neither does ours. Call anytime for post-incident and emergency testing.

AFTER HOURS PHONE: 844.825.5030

Will CBD use affect a Drug Test?
By Jon Rokochy | February 19, 2020

The use of CBD is increasing in Canada, which means more workers are using it, and it could have an impact on their ability to pass an employment drug test. Here’s why…

While CBD is not tested for in employment drug tests, almost all CBD products contain some amount of THC, and because THC is tested for, this can cause a person to fail a workplace drug test.

Some workers may fail a drug test unknowingly, as the Food and Drug Administration (FDA) does not currently certify the levels of THC in THC and CBD products, so there is no way to know for certain if the labels on the products are correct. Labels should state the amount of THC in the product but they don’t always do that. Some labels may even state the product contains “100% CBD”, when in fact there may be trace amounts of THC.

This brings up the question we are asked constantly, “If I fail a drug test because of my CBD use, that’s still OK right?”

Our best answer is the same as the Department of Transportation (DOT) Office of Drug and Alcohol Policy and Compliance stated in the Notice they issued on February 18th, 2020:

“…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 use a CBD product.”

THC is impairment-causing, and is therefore not permitted for use in a safety-sensitive position, so workers need to decide if CBD use is the best choice for them as it could cause them to fail a workplace drug test.

HERE IS THE COMPLETE NOTICE FROM THE DOT:

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

___________________________

[i]* What You Need to Know (And What We’re Working to Find Out) About Products Containing Cannabis or Cannabis-derived Compounds, Including CBD: The FDA is working to answer questions about the science, safety, and quality of products containing cannabis and cannabis-derived compounds, particularly CBD.”  https://www.fda.gov/consumers/consumer-updates/what-you-need-know-and-what-were-working-find-out-about-products-containing-cannabis-or-cannabis

** https://www.fda.gov/news-events/public-health-focus/warning-letters-and-test-results-cannabidiol-related-products

If you have any questions about THC & CBD and Drug Testing for you or your company, we’re here to help. Call our office @ (844) 825 5030 or send us an email @ reception@assuretesting.com.