Even though marijuana is legal in many states, we know that for federal programs, including DOT, it is considered a Schedule I drug and is therefore prohibited from use by commercial drivers. But what about the other “legal” forms of substances derived from Cannabis or Hemp plants? Are commercial drivers allowed to use CBD oil? Hemp Oil? What’s the difference?
In a recent memo from Ron Flegel, B.S., MT (ASCP), M.S. Director, Division of Workplace Programs, Center for Substance Abuse Prevention, SAMHSA explains that CBD is also illegal under Federal law and that products sold as CBD oil may be contaminated with other cannabinoids including THC: “use of CBD oils and marijuana-derived products may result in a positive urine drug test for THCA.”
What Is Hemp Oil?
Hemp oil, or hemp seed oil, is extracted from the seeds of hemp plants. Although Hemp oil can be extracted from all cannabis species, industrial hemp is the only one used for oil. This does not contain significant THC (<0.3%) and therefore has no psychoactive effects. It is federally legal in the United States as a dietary supplement.
CBD Marijuana Oil
CBD oil derived from “marijuana” plants may have THC and is still illegal in most states. Unless you live in a marijuana-legalized state, you won’t find this product without a medical marijuana prescription. The main reason why this oil is a controlled substance is that it contains higher levels of the psychoactive cannabinoid, THC.
Uses of CBD Marijuana Oil
Patients use CBD oil to relieve pain, anxiety, inflammation, and nausea, and for many other emerging conditions.
Uses of Hempseed Oil
Hempseed oil’s purpose is strictly nutritional. It contains a variety of beneficial nutrients, including omega fatty acids, fiber, protein, and vitamin E. It is mixed into foods and condiments like cooking oil, dips, sauces, or additives for protein shakes.
Determining Illegal Substance Use
There is some concern that someone eating a lot of the “legal” hemp-derived products could conceivably have a trace of THC metabolite present. Since we don’t presently have good data on this, we need to be cautious in reporting results in this circumstance. Trace amounts of THC in a topical or oral hemp-derived CBD oil would not likely have a psychoactive effect since the THC requires activation by heating as in baking brownies, vaporizing, or smoking. The hemp-derived CBD oils would be unlikely to cause a positive UDS for THC. Marijuana-derived CBD compounds generally have THC and are only available from licensed dispensaries. Additionally, the FDA’s approval of Epidiolex (CBD) for seizures is interesting. Although it’s a THC negative, prescription medication, the issue for a commercial driver is that it’s approved for seizures.
We know that some anti-seizure medications are used for conditions other than epilepsy and in these cases we have to look at the underlying condition and potential adverse effects of the medication on the ability of the driver to operate the vehicle safely.
We may see the same situation with a valid prescription for Epidiolex. Marinol is a synthetic cannabinoid that’s been around a bit longer, will drug test negative but again a possible safety concern if used for the indication of resistant seizures. Patients prescribed Marinol frequently reported that its psychoactive effects are far greater than those of natural cannabis.
