Draft rules were published on the Federal Register on Aug. 15, which guides medical examiners (MEs) who conduct physical examinations for commercial drivers, and are responsible for certifying drivers for the U.S. Department of Transportation (DOT).
Called the “Qualifications of Drivers: Medical Examiner’s Handbook and Medical Advisory Criteria Proposed Regulatory Guidance,” these draft rules warn MEs of CBD consumption in their patients, and explain that it could still cause some drivers to fail their exams. The Federal Motor Carrier Safety Administration (FMCSA) handbook specifies that drivers may use CBD, because it is federally legal.
The DOT certification lasts for two years, but if drivers use cannabis, they still cannot be qualified, according to the draft’s section called “Use of Scheduled Drugs or Substances.” “A driver who uses marijuana cannot be physically qualified even if marijuana is legal in the State where the driver resides for recreational, medicinal, or religious use,” the rules state.
In its current form, the draft rules caution MEs that although CBD is legal across the country, the Food and Drug Administration (FDA) doesn’t regulate all of the products, and it can’t be guaranteed that a product’s labels do not incorrectly list the amount of CBD, or the accuracy of THC. “The United States Food and Drug Administration (FDA) does not currently determine or certify the levels of THC in products that contain cannabidiol (CBD), so there is no Federal oversight to ensure that the labels on CBD products that claim to contain less than 0.3% by dry weight of THC are accurate. Therefore, drivers who use these products are doing so at their own risk.”
More directly, the rules guide MEs on how to conduct the examination with CBD in mind. “The Agency encourages MEs