Can drivers who are subject to Part 382 use CBD oil?

The Federal Motor Safety Regulations (FMCSRs) don’t specifically prohibit CBD oil, however, there is no guarantee that cannabidiol (CBD) oil, even if derived from hemp, will result in a negative DOT drug test result. The concentration of tetrahydrocannabinol (THC) in the CBD oil and how much the individual is using the oil both factor into a potential drug testing violation. The presence of THC is strictly prohibited based on DOT testing rules (40.82), medical qualifications (391.41), and general operating rules (392.4). An MRO will not accept CBD oil as a valid medical explanation for a positive test for THC. Additionally, enforcement may view CBD oil in a commercial motor vehicle as possession since the officer is unable to determine the concentration of THC.