CBD Products - Still Buyer Beware for Truck Drivers?

In 2018, the Farm Bill removed hemp from the definition of Marijuana under the Controlled Substance Act, meaning hemp-derived products containing a concentration of up to 0.3% tetrahydrocannabinol (THC) are not controlled substances. Anything over 0.3% THC, including Cannabidiol” (CBD) products remain classified as Marijuana.  This rulemaking confused many people as CBD can have many medicinal effects, including pain relief.  However, the Food and Drug Administration does not certify the levels on THC in CBD products. 

This prompted U.S. DOT's Office of Drug and Alcohol Policy and Compliance (ODAPC) to issue a notice (ODAPC_CBD_Notice.pdf), warning commercial truck drivers that they are still subject to DOT Drug and Alcohol Testing that Marijuana is still off-limits and the use of CBD products containing high amounts of THC could still produce a positive drug test result and that since CBD products are unregulated CBD use is not a legitimate medical explanation for such a result.

On April 2, 2025, the U.S. Supreme Court issued a 5-4 decision in Medical Marijuana, Inc. v. Horn.  This case stemmed from a commercial truck driver, Douglas Horn, who began using a CBD product produced by Medical Marijuana, Inc. for pain relief, later tested positive for Marijuana, refused a return-to-duty program, and was terminated. Horn then filed a lawsuit against Medical Marijuana, Inc., arguing that the company’s false advertising directly caused his job loss and financial harm.

While the court concluded that RICO permits plaintiffs to recover treble damages for business or property losses, even if those losses stem from personal injuries (ingesting THC in this case), it does not change the fact that CMV drivers can't ingest THC, should still beware of CBD products as they may contain higher levels of THC than advertised, and cannot operate a CMV after a positive test until they proceed through the RTD process.