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). Sara Jane Ward, an assistant professor of pharmacology at the Temple University Lewis Katz School of Medicine, tells U.S. News Health that the Drug Enforcement Administration considers CBD, like all cannabinoids, a Schedule I substance. She adds, “…hemp – a variety of the cannabis plant regulated by the U.S. Department of Agriculture – is legal , so long as its THC content is negligibly low. But because the agriculture department doesn’t test...

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? Regulated drug testing  Oral fluid is not yet approved for regulated drug testing. Urine is the only accepted specimen type for the federally mandated, safety-sensitive workforce. In 2011, the Drug Testing Advisory Board (DTAB) recommended to the Substance Abuse and Mental Health Services Administration (SAMHSA) that the Federal government’s mandatory drug testing guidelines be revised to allow for lab-based oral fluid testing. Additionally, the U.S. Department of Transportation (DOT) has signaled that it supports regulatory changes that help to improve transportation safety. In 2015, SAMHSA published a notice to...

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? It’s an idea open to debate, says attorney Adam Dolan, chair of the cannabis law group for the firm Goldberg Segalla, where he’s also a partner of the trucking and automotive group.   “There’s a societal shift in the way we view cannabis use,” says Dolan, particularly around the use of marijuana for medical purposes. And it’s an issue he contends the trucking industry will likely need to confront in light of the perceived shortage of available truck drivers and, increasingly, as state marijuana laws change.   “By saying no person can use marijuana, even if they have a medical recommendation for it, you’re cutting yourself off from such a large pool of applicants that could provide the industry with much-needed manpower,” Dolan says. Fleets, and the U.S. Department of...

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. The Clearinghouse will contain records of violations of drug and alcohol prohibitions in 49 CFR Part 382, Subpart B, including positive drug or alcohol test results and test refusals. When a driver completes the return-to-duty (RTD) process and follow-up testing plan, this information will also be recorded in the Clearinghouse. Employers must establish an account that will allow access to the Clearinghouse once it becomes operational on January 6, 2020. Registered employers will log into their Clearinghouse accounts to purchase their query plan. These plans can only be purchased from the FMCSA Clearinghouse only. On January 6, 2020,...

The Drug & Alcohol Clearinghouse is now available for registration. Please go tohttps://clearinghouse.fmcsa.dot.gov/register to register now. This ensures that you will be ready for the Clearinghouse operational date on January 6, 2020.  

What is the Drug and Alcohol Clearinghouse (Clearinghouse)? The Clearinghouse will be an electronic database containing records of violations of drug and alcohol prohibitions. Such violations will include positive drug or alcohol test results, refusals, and other drug and alcohol violations for drivers required to have a commercial driver’s license (CDL). When a driver completes the return-to-duty process, this information will also be recorded in the Clearinghouse. What are Employers required to query from the Clearinghouse? Employers will be required to query the system for all current employees annually and prospective employees at hire. Records can be accessed via online by the employer or TPA to search for violations that would prohibit the driver or prospective driver from performing safety-sensitive functions, such as driving a CMV. When does the Clearinghouse regulation begin? On January 6, 2020, employers will be required to query CMV records. When can Employers and TPA’s...

1.      Urine drug testing is the most commonly used drug test specimen type because of its proven methodology and broad range of drug panels. It is the only specimen type used for regulated drug testing programs. 2.      Urine drug tests detect drug use in the previous 24 to 72 hours. Drug detection in urine testing can vary depending on the drug, the amount ingested, and the donor’s metabolism.  3.      Urine testing can be used for nearly every drug testing reason which includes pre-employment, random, periodic, return-to-duty, reasonable suspicion, and post-accident. 4.      Adulterating, substituting, and diluting a specimen are common ways that donors try to cheat a urine drug test.  Specimen validity testing can help ensure the integrity of a urine test by measuring pH, creatinine, and specific gravity (when indicated) and identifying if these results are consistent...

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. Last week the FMCSA issued an update on the status of the Clearinghouse, confirming that it’s scheduled to go into effect on January 6, 2020. On that date, all FMCSA-regulated employers, Medical Review Officers (MROs), Substance Abuse Professionals (SAPs), consortia/third party administrators (C/TPAs) and other agents will be required to report information on drivers’ drug and alcohol testing violations. This information will be housed in the Clearinghouse database, where it will be accessible to all DOT-regulated employers and state licensing agencies. Employers will be required to check the Clearinghouse before hiring a new driver – as well as annually for the duration of their employment. State licensing agencies will be...

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. Quest Diagnostics' interactive drug testing map reveals the 10 states with the highest marijuana positivity rates in 2017, averaging 2.96%. •Oregon (3.9%)•Maine (3.5%)•Massachusetts (3.1%)•Rhode Island (3.1%)•Vermont (2.9%)•Michigan (2.8%)•Nevada (2.7%)•Washington (2.6%)•Arizona (2.5%)•Colorado (2.5%) Interestingly, when you examine the highest positivity for marijuana in a metropolitan area, only three of the areas are located in one of the top 10 states. 1.Dallas, TX (5.27%)2.Reno, NV (3.54%)3.Worcester, MA (3.48%)4.Jackson, TN...

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. In regard to federally mandated drug testing, MROs must follow the current DOT rules and HHS mandatory guidelines, which state that medical marijuana and CBD products that cause a donor to test above the DOT urine cut-off for THC must be reported as a positive drug test. Consequently, a number of lawsuits have already been filed against manufacturers of CBD oil from customers who relied on the labelling that the product contained only trace amounts of THC or none at all, but still...