It is important for all employers and safety-sensitive employees to know:
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.
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.
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.
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.
Oral fluid testing is uncommon. In 2018, general workforce testing included over 6 million urine screens, versus just 1.3 million oral fluid tests, and 200,000 hair follicle tests.
Stop us if you’ve heard this one, but workplace hair follicle tests are generally not checking for CBD—they’re checking for that old standby THC-COOH. So no, CBD won’t show up on a standard workplace drug test of a hair follicle. THC will, though. Any CBD you took that had trace levels of THC could leave THC byproducts in a hair follicle, where they have the potential to stick around for a while. Hair follicles can contain a months-long record of drug use, depending on the length of the hair.
Many times, labels are just plain wrong, too. Outside of state-licensed systems, no mandatory oversight exists, said Martin Lee, co-founder and director of Project CBD.
“It’s caveat emptor,” said Barry Sample, Ph.D., senior director of science and technology for employer solutions at the nation’s biggest drug testing company, Quest Diagnostics. “The real issue is, how do you trust the labeling?”
Does CBD show up in a hair follicle test?
Again, it’s not the CBD. But flunking a THC drug test because you took CBD depends on the source of your CBD, how much you took, over how long, your metabolism, and other factors like hydration levels.
CBD effects last 90 minutes to several hours, depending on how it is consumed. The body turns CBD into the byproduct CBD-COOH in a matter of hours, and then it sticks around for at least several days. But it doesn’t matter, because no employer is testing for CBD-COOH.
“Almost all” of those specimens are tested for THC-COOH, Dr. Sample said.
Can stomach acid turn CBD into THC?
One key guideline is drug-testing rules for federal employees. A federal worker will fail a drug test if their urine tests positive for any more than a trace amount of the THC metabolite (THC-COOH). And by “trace,” we mean just 50 billionths of a gram per milliliter of urine (50 ng/ml).
“We are aware of a few reports of CBD users who have flunked a drug test,” said Dale Gieringer, co-director of California NORML.
The active chemical in marijuana that gets detected in a positive drug test screening is THC. Most people are under the impression that CBD oil is THC-free, which is generally true. But not always.
Although most manufacturers claim their products do not contain THC, this is not always the case.
Secondhand Exposure to THC
Inadvertent exposure to marijuana (via secondhand smoke) is unlikely to be enough for a person to get a positive drug test result. But it is possible. Being in a room with heavy pot smokers for several hours may cause the inhalation of enough THC-containing smoke to result in a positive test result.