![]() In February, a top Wells Fargo analyst said that the main reason for rising costs and worker shortages in the transportation sector is the continued federal prohibition on cannabis and it’s subsequent drug testing mandates. Kyle Jaeger of Marijuana Moment has reported on an update from the US Department of Transportation regarding federal guidelines for commercial drivers over cannabis consumption. With federal law still classifying cannabis as a Schedule 1 drug, drivers are subject to testing every two years. Under current laws, they absolutely cannot use cannabis with THC in it for any reason, even if it is state legal, or if they have a medical prescription, or they have a religious use. However, hemp-derived CBD is federally legal. It was legalized under the 2018 Farm Bill. With that in mind, the Federal Motor Carrier Safety Administration (FMCSA) this week published a proposed update to their handbook for medical examiners who are responsible for issuing U.S. Department of Transportation (DOT) certifications. The draft of the new section on cannabis was published in the Federal Register on Tuesday. The new handbook draft says that while drivers are not prohibited from using federally legal CBD products that contain up to 0.3 percent THC per dry weight, it cautions examiners that the use of it could still jeopardize physical exam certifications. They state that commercial drivers who use CBD products are doing so “at their own risk.” The reason for the warning in the draft states, “There is no Federal oversight to ensure that the labels on CBD products that claim to contain less than 0.3 percent by dry weight of THC are accurate … Therefore, drivers who use these products are doing so at their own risk.” The draft handbook is now open for public comment until September 30th. A link to the proposal and a link to comment on the changes can be found here: Federal Register :: Qualifications of Drivers: Medical Examiner's Handbook and Medical Advisory Criteria Proposed Regulatory Guidance Additionally the Department of Transportation’s Federal Transit Administration did recently propose a revised drug testing policy, which would allow saliva-based tests as alternate option to urine based testing that’s currently used. They also proposed a “4 nanogram per milliliter screening test cutoff for THC,” which “would detect use of marijuana while eliminating possibilities of positive tests resulting from passive exposure.” That proposal is currently under internal review. Original source article by Kyle Jaeger on Marijuana Moment: Transportation Department Proposes New CBD Guidance For Medical Examiners Certifying Commercial Drivers - Marijuana Moment Comments are closed.
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