Does CBD Show Up on a DOT Drug Test? What Truck Drivers Need to Know

While related to marijuana, cannabidiol (CBD) is supposed to contain less than 0.3% THC, the psychoactive substance in marijuana that makes users feel high.

However, while CBD isn’t illegal, using it as a truck driver could cause you to test positive on a DOT drug test.

This guide explains why CBD can trigger a positive drug test, what happens if you fail a DOT drug test after using CBD, steps to take to return to driving, and important laws you should know.

What DOT Drug Tests Look For

DOT drug tests are five-panel screens that look for recent use of any of the following substances:

• THC/marijuana
• Opioids (heroin, fentanyl, oxycodone, hydrocodone, etc.)
• Cocaine
• Amphetamines/methamphetamines
• Phencyclidine (PCP)

While a DOT drug test doesn’t directly test for CBD, you can still test positive for THC/marijuana.

Even though some states have legalized medical and recreational marijuana, federal law prohibits CDL drivers from using THC, and a positive drug test can result in the loss of your commercial driving privileges.

Why CBD Use Can Still Trigger a Positive Test

Many CBD products contain trace amounts of THC.

They are allowed to have THC concentrations of up to 0.3%, but some products may contain higher amounts.

This can occur in facilities that manufacture both CBD and marijuana products in states that have legalized marijuana.

CBD oils and gummies can both contain trace THC and trigger a positive test.

Likewise, even CBD cream could trigger a positive drug test. A 2022 study found that both CBD and THC can permeate through the skin and enter the bloodstream.

A major problem is that CBD products have poor labeling, and the lack of regulation compounds the issue.

DOT drug tests can’t determine whether THC came from marijuana or CBD.

If you test positive for THC on a DOT drug test, it will count as a failure even if you only used CBD.

What Happens If You Fail a DOT Drug Test?

If you fail a DOT drug test, your employer must immediately remove you from driving under 49 CFR Part 382, § 382.701(d).

The failure will be reported to the Federal Motor Carrier Safety Administration’s Drug & Alcohol Clearinghouse and be visible to potential employers for five years or until you complete the return-to-duty (RTD) process.

CDL drivers who fail DOT drug tests will also have their CDLs suspended until the completion of the RTD process.

This process includes the following steps:

1. Referral to a DOT-Qualified Substance Abuse Professional (SAP)

Your employer must give you a list of DOT-qualified SAPs.

These are substance abuse professionals who have been qualified by the US Department of Transportation (DOT) to administer SAP evaluations and monitor your progress.

American River Wellness is a DOT-qualified SAP and offers same- and next-day availability to get you started fast.

We also offer virtual SAP evaluations for added convenience.

2. Complete the SAP Evaluation

At your appointment, your SAP will ask questions about your substance abuse history, your drug test failure, and the circumstances.

Based on their findings, they will design a treatment plan for you and provide you with recommendations.

3. Complete Your SAP’s Recommended Treatment and Education

Your SAP’s recommendations might include any of the following, depending on your needs:

• Drug and alcohol education
• Outpatient counseling
• Support groups
• Group counseling
• Inpatient treatment

You must complete all of your SAP’s recommendations.

During the process, your SAP will monitor your progress.

4. Pass a RTD Drug Test

Following treatment, you must take and pass an RTD drug test.

This test must be conducted under direct observation.

If you fail, you’ll have to restart the process.

5. Meet With Your SAP

Once you’ve finished treatment, you’ll meet with your SAP.

They will write a report stating that you are safe to return to duty and transmit it to your employer and the Clearinghouse.

6. Follow-up Testing

Your employer has discretion about whether to take you back.

Whether you return to work with your employer or are hired by a different FMCSA-regulated employer, you’ll have to complete follow-up tests.

The minimum number of follow-up tests is six during the first 12 months after you return to work.

You might have to continue taking follow-up drug tests for up to five years.

How to Use CBD Safely Without Failing a DOT Drug Test

1. Understand the DOT’s CBD Notice

The DOT issued a CBD Notice that you should understand before using CBD or any other supplement.

According to the notice, you should understand the following:

• The DOT requires testing for THC and marijuana, but not for CBD.
• The FDA doesn’t certify the THC concentration in CBD products.
• Many CBD products have misleading labeling and can sometimes have THC levels that far exceed the allowed concentration of 0.3%.
• The use of marijuana is not allowed under the DOT’s drug and alcohol rules.
• The use of CBD is not a valid excuse for testing positive on a DOT drug test and will still count as a failure.

2. Read Product Labels Carefully

If you still want to use CBD, you should read product labels carefully before you buy.

Search for information about CBD products you’re interested in before buying.

3. Check the Food and Drug Administration’s Website

The Food and Drug Administration (FDA) has issued multiple warning letters to CBD manufacturers that sell products with excessive levels of THC.

Look through the list and avoid buying products sold by any of these companies.

4. Assess Third-Party Lab Reports

Read through third-party lab reports about the CBD products you’re considering.

These reports indicate the THC levels and can show whether a company’s products are above or below the allowed concentration.

5. Consult a Healthcare Provider or Legal Expert

Before using any supplement or CBD product, you should talk to your healthcare provider.

It’s also a good idea to speak with a lawyer about the potential implications of using CBD on your CDL.

6. Consider Different Options

Using CBD might be too great a risk to your livelihood.

If you’re using CBD for its alleged therapeutic effects, such as improving sleep quality, ask your doctor about other, less risky options.

Key Federal Laws Drivers Should Know

Agricultural Improvement Act of 2018

The Agricultural Improvement Act of 2018, which is called the Farm Bill, was passed by Congress and signed into law by President Donald Trump. This bill legalized industrial hemp.

Hemp is used to make CBD products, among other things.

Because of this bill, CBD products containing up to 0.3% THC were legalized nationwide.

CDL Driver Drug Testing Rules

49 CFR Part 382 contains the FMCSA’s drug testing rules for CDL drivers and regulated employers. These rules define who must be tested, when they should be tested, and how the tests must be conducted.

Under these regulations, CDL drivers must submit to the following tests:

• Pre-employment drug and alcohol tests
• Random drug and alcohol tests
• Reasonable suspicion drug and alcohol tests
• Post-accident drug and alcohol tests

If a driver fails or refuses any of these, they’ll be removed from duty until they complete the RTD process.

A part of that process includes taking an RTD drug test and follow-up drug tests for up to five years.

Immediate CDL Suspension and Flag in the Clearinghouse

Drivers who fail or refuse DOT drug tests will have their CDLs immediately suspended and be flagged in the FMCSA Drug & Alcohol Clearinghouse under the 2021 final rule and 2023 DOT guidance.

Immediate CDL suspension has been in place since Nov. 18, 2024. To regain your CDL, you must complete the RTD process.

Employers Must Report DOT Drug Test Failures

Employers are required to report DOT drug test failures or refusals under 49 CFR Part 382, § 382.705.

They make reports to the Clearinghouse via Login.gov.

If you fail or refuse a drug test, the information will remain in the Clearinghouse for five years or until you complete the RTD process, whichever happens first.

Other prospective DOT-regulated employers will see the information about your failed or refused drug test.

SAP Evaluation Requirement

Under 49 CFR Part 40 § 40.285, DOT-regulated safety-sensitive workers (including CDL drivers) must stop their duties immediately when they fail a DOT drug test.

They must then complete an SAP evaluation, the treatment and education recommended by their SAP, and pass an RTD drug test before they can return to work.

End of the RTD Process

Before your employer or a new employer can allow you to drive, they must first confirm that you have completed the RTD process.

This means completing the following:

• SAP evaluation
• All recommended treatment and/or education
• Passage of an RTD drug test

Even if you’ve completed everything, your employer can refuse to take you back.

You must still complete these steps before you can be hired by a new DOT-regulated employer, however.

Once you’ve returned to work, you must complete follow-up tests and be negative on all of them for up to five years. Six random tests must happen during your first year.

Trust American River Wellness as Your DOT-Qualified SAP

If you’ve failed a DOT drug test after using CBD, you must complete the RTD process before you can get back to work.

At American River Wellness, we offer affordable SAP evaluations and virtual appointments to get your CDL back fast.

To learn more and schedule your appointment, contact us today at (833) 436-8727.

DISCLAIMER: This information is intended solely for educational and informational purposes. It should not be interpreted as legal counsel or guidance.

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