• Commercial drivers “should exercise caution” when deciding whether to use CBD oil, according to the Department of Transportation (DOT).

Products containing the hemp-derived substance known as cannabidiol have grown in popularity nationwide since 2018 when Congress decided hemp should be treated as an agricultural commodity rather than as marijuana.

However, any hemp product with a concentration of more than 0.3% tetrahydrocannabinol (THC) — the main psychoactive component of marijuana — is treated as a Schedule I substance. This means it cannot legally be prescribed to or used by safety-sensitive employees, including commercial drivers.

THC content is often unknown

The problem with CBD oils is that there is little government oversight or testing to determine just how much THC they contain. Though some states allow use of marijuana and other products with a high THC content, such products remain prohibited under federal law.

Though the DOT tests for the use of marijuana and not hemp, a truck or bus driver who uses any substance with a high THC content will fail a DOT drug test. The consequences will be the same whether the driver purposefully smoked marijuana or inadvertently used a CBD oil containing a high concentration of THC.

Therefore, “buyer beware” with CBD products

The labeling of such products may be misleading, the DOT says, because they 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.

Inform your drivers of the risks

Drivers should be aware of the risks inherent in taking any product containing CBD, even when the label says the THC content is 0.3% or less. As harmless as some products may seem, avoiding all CBD products may be the only way to ensure that a driver won’t inadvertently fail a drug test and need to be taken off the road and reported to the Drug & Alcohol Clearinghouse.