The recent Agricultural Improvement Act of 2018, Pub. L. 115-334 (Farm Bill), has removed hemp from the definition of Marijuana under the Controlled Substance Act. Products derived from hemp with a concentration of up to .3% tetrahydrocannabinol (THC), which is the primary psychoactive component of marijuana, are not controlled substances. Any product with a concentration of THC over .3% will continue to be classified as marijuana, a schedule I drug under the Controlled Substance Act.

It is important to note that many CBD products may be misleading and contain higher levels of THC than their label states since they are not currently certified by the Food and Drug Administration (FDA). Safety sensitive employees subject to the Department of Transportations drug testing regulations should be careful when purchasing CBD products and understand these products could lead to a positive result for marijuana.

Marijuana is a Schedule I drug and is not authorized for any reason. It remains unacceptable for safety-sensitive employees subject to the Department of Transportation’s Drug and Alcohol Testing Regulation 49 CFR part 40 to use marijuana. CBD products could result in a positive drug test. When considering whether to use CBD products, use caution. If you have any questions about this test or any others, please contact an Essential Screens Consultant.