New Rules Published by Transportation Department Warn Medical Examiners of CBD

The draft rule was published in the Official Gazette on August 15.conducts physical examinations of commercial drivers and guides medical examiners (MEs) responsible for certifying drivers for the U.S. Department of Transportation (DOT).

calledDriver Eligibility: Coroner’s Handbook and Medical Advisory Standards Proposed Regulatory GuidanceThese drafts warn MEs about CBD ingestion in patients and explain that some drivers may fail the test. is federally legal and therefore may be used by drivers.

DOT certification is valid for two years, but according to the “Designated Substances or Use of Substances” section of the draft, drivers can’t qualify even if they use cannabis. “A driver who uses marijuana cannot obtain a physical license, even if marijuana is legal in the state in which they reside for recreational, medical, or religious purposes,” the rule states.

In its current form, the draft rule notes that while CBD is legal nationwide, the Food and Drug Administration (FDA) does not regulate all products and cannot guarantee that products are not mislabeled. WARNING ME List the amount of CBD, or accuracy of THC. “The U.S. Food and Drug Administration (FDA) does not currently determine or certify levels of THC in products containing cannabidiol (CBD), so CBD products claim to contain 0.3 dry weight CBD on their labels. % THC is accurate, so drivers using these products do so at their own risk.”

More directly, the regulations guide MEs on how to conduct inspections with CBD in mind. “FDA encourages MEs to take a holistic approach to medical accreditation and consider additional relevant health information or assessments that may objectively support medical accreditation decisions. ME may require drivers to obtain and provide non-DOT drug test results during the medical authorization process.”

FMCSA also issued Draft Regulations in 2021 Similarly, I only briefly mentioned CBD. “The Food and Drug Administration does not currently certify the level of THC in CBD products, so there is no federal oversight to ensure the labels are accurate. Please go.” The 2020 Draft Rules made no mention of CBD, but said cannabis was not allowed.

in July, DOT sent a newsletter Remind drivers of the ban on cannabis use and the current state of unregulated CBD products that may exceed legal limits for THC. has passed a law banning marijuana testing. Newsletter state. “[Federal Transit Administration] Employers are reminded that state and local legislative initiatives have nothing to do with the DOT regulatory testing program. Marijuana remains a Schedule I drug under the Controlled Substances Act. ”

The newsletter also includes a graph showing the number of return-to-work (RTD) drug tests and the number of FTA-covered employers conducting RTD drug tests. One potentially influential statistic is the increase in both the number of return-to-work tests conducted and the number of employers covered by his FTAs ​​conducting these types of tests. ” Newsletter status“The data show a trend towards a ‘second chance’ policy versus a ‘zero tolerance’/termination policy after a DOT drug violation. In 2021, there were 892 of his RTD drug tests and 236 of his drug tests by employers covered by the FTA.

May, Rep. Earl Blumenauer sent a letter to Transportation Secretary Pete Buttigieg outlining how DOT cannabis restrictions are leading to job losses. “The federal government should allow drivers who are already qualified to keep their jobs, not drive them away. The outdated and unfair federal drug policy is out of step with reality. contributes directly to the trucking shortage crisis.” Blumenauer wrote“Of the 2.8 million Americans who hold a commercial driver’s license, too many are unemployed because of past cannabis tests and the difficulties they face requalifying for work. By getting these trained, qualified and competent drivers back on the road, we can break down the supply chain more quickly and efficiently. We are very interested in the steps your department is taking to ensure that qualified drivers have the opportunity to return to work.”

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