Cannabidiol (CBD) is one of approximately 400 compounds found in cannabis, the same plant that produces the psychoactive compound, delta-9-tetrahydrocannabinol (THC). While CBD is a cannabinoid and shares some structural similarities with THC, it does not produce a “high.” Research surrounding CBD is still in its early phases, but preliminary studies indicate that CBD may benefit medical and therapeutic issues such as seizures, neurological diseases, pain, cancer, inflammation, and mood disorders, including post-traumatic stress disorder (PTSD).
Laboratory-based oral fluid drug testing has been around for many decades, and over the past several years, it emerged as a legitimate alternative to urine testing, the most common drug testing method. Its benefits include accuracy, an observed collection, and reliable detection of recent drug use, especially marijuana. One question that many employers ask is: is it legal?
Could the trucking industry, long-plagued with high driver turnover and a need for new driver entrants, be missing out on a swath of potential drivers due to its strict no-marijuana-use policies?
The Clearinghouse is a secure online database that will give employers, the Federal Motor Carrier Safety Administration (FMCSA), State Driver Licensing Agencies (SDLAs), and State law enforcement personnel real-time information about commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders’ drug and alcohol program violations.
In just over nine months, the Commercial Driver’s License (CDL) Drug and Alcohol Clearinghouse is scheduled to go into effect. Signed into law in 2016, the Clearinghouse will serve as a central database where drivers’ drug and alcohol violations are stored.
Marijuana positivity for the American workforce is up for the fifth consecutive year, a trend showing no signs of slowing. Drug positivity in states without marijuana use statutes has kept pace with the national average of 2.1% for the combined U.S. workforce. However, data from Quest Diagnostics shows that the states with the highest positivity rates do not necessarily contain the cities or metropolitan areas with the highest marijuana positivity.
Epidiolex Cannabidiol (CBD) was approved by the FDA in 2018 to treat seizures in people (primarily children) with Lennox-Gastaut syndrome and Dravet syndrome. While CBD remains on the DEA Schedule I list, it has been decriminalized in 47 states. As a result, thousands of CBD products such as oils, tinctures, pills, and liquids used in vaping devices are now widely available in retail stores and online. However, there are currently no uniform standards or widely accepted testing certifications for CBD.
Deaths from cocaine, after holding steady for many years, increased an alarming 52% between 2015 and 2016, according to the CDC, with the trend continuing in the most recent federal data. The stimulant is now killing approximately 13,000 people a year, on track to rival painkiller pills and heroin.
Many employees do not realize the ramifications of refusing a DOT drug and/or alcohol test. The Office of Drug and Alcohol Policy and Compliance (ODAPC) website offers a poster that helps employees understand what could happen to them should they decide to not complete a DOT test.
The Department of Transportation’s Drug and Alcohol Testing Regulation – 49 CFR Part 40, at 40.151(e) – does not authorize the use of Schedule I drugs, including marijuana, for any reason. State initiatives have no bearing on the Department of Transportation’s regulated drug testing program.
Now, more than ever, clearly defined policies and procedures are critical for employers. The policy decision must consider DOT fitness for duty as well as the possible accommodations that an employer can make in these times when prescription drug abuse impacts millions of Americans from all socioeconomic, political, age, gender, and ethnicity groups.
MRO’s are adding on negative test results “safety concerns” which have confused lots of DER’s on how to handle a safety concern.
