THC and CBD Violations: What DOT Employees Need to Know

For employees in safety-sensitive roles regulated by the Department of Transportation (DOT), understanding the risks associated with THC and CBD use is critical. Despite the growing popularity of CBD products, DOT’s drug testing policies remain clear: any positive test for THC is a DOT rule violation, regardless of the source.

This blog explores why CBD use can lead to positive THC results, the lack of regulation in CBD products, and what employees need to know to stay compliant.

THC vs. CBD: What’s the Difference?

THC (Tetrahydrocannabinol): The psychoactive compound in marijuana responsible for its intoxicating effects. DOT tests specifically for THC, as it is a prohibited substance for safety-sensitive employees.

CBD (Cannabidiol): A non-psychoactive compound often marketed as a remedy for anxiety, pain, or sleep issues. While CBD itself is not prohibited, many CBD products contain trace amounts of THC—sometimes far exceeding legal limits.

Key Point: DOT does not test for CBD. If an employee tests positive, it’s because THC was detected—not CBD.

Why CBD Use Can Lead to Positive THC Results

Many employees mistakenly believe that using CBD products is safe under DOT regulations. However, studies show that most CBD products are poorly regulated, with misleading labels and inconsistent THC levels.

Legal Threshold for CBD Products:
CBD products must contain less than 0.3% THC to meet federal classification standards.

Reality Check:

1. A study by the National Institute of Standards and Technology found that 49 out of 53 CBD products purchased online exceeded the 0.3% THC limit, technically classifying them as marijuana.
2. Another study revealed that 70% of CBD products tested had THC levels too high, with many manufacturers skipping purification and quality control processes.

Dangerous Products:
CBD drops taken under the tongue and transdermal creams are particularly risky. These products are designed to cross the skin barrier or enter the bloodstream, allowing THC to accumulate in the body over time.

DOT’s Stance on THC and CBD

DOT has issued clear notices regarding THC and CBD use:

1. THC Is Always Prohibited: Any positive test for THC is a violation, regardless of whether the employee claims they were using CBD.
2. CBD Is Not a Legitimate Defense: DOT does not authorize the use of Schedule I drugs, including marijuana, for any reason.
3. State Laws Don’t Apply: Even in states where recreational or medical marijuana is legal, DOT employees are prohibited from using THC products.

Key Reminder: Medical marijuana recommendations from physicians are not legitimate prescriptions under federal law. MROs cannot report a positive test as negative based on claims of medical marijuana use.

Why Labeling and Regulation Are a Problem

No Quality Control: Most CBD manufacturers do not invest in purification or laboratory processes to ensure their products meet federal standards.

Misleading Labels: Studies show that many CBD products are inaccurately labeled, with THC levels far exceeding what’s listed.

No Federal Oversight: Without federal regulation, employees cannot trust the purity or potency of CBD products.

What Employees Need to Know

Accidental THC Exposure Is Not a Defense: Claims of accidental ingestion or exposure will not overturn a positive test result. Employees must take precautions to avoid THC in all forms.

Daily CBD Use Increases Risk: Regular use of CBD products, even those marketed as safe, can lead to THC accumulation in the body, resulting in positive test results.

Mass Spectrometry Testing Is Precise: DOT testing methods, including GCMS and LCMS, are highly accurate and will not confuse CBD with THC or its metabolites. Positive results reflect THC presence, not a laboratory error.

Final Thoughts: Staying Compliant in a Confusing Landscape

For DOT employees, the risks associated with CBD use are too high to ignore. Misleading labels, lack of regulation, and the potential for THC contamination make CBD products a dangerous choice for safety-sensitive workers.

For Employees: Avoid all CBD products to eliminate the risk of testing positive for THC.
For Employers: Educate your workforce about the dangers of CBD use and provide clear guidance on DOT’s policies.

By staying informed and cautious, DOT employees can navigate the challenges of THC and CBD use while ensuring compliance and safety. If you need help addressing these risks in your organization, feel free to reach out.