Passenger that uses CBD, is it legal for them to bring it?

If it's in your truck, they could consider you to be in possession of it. I wouldn't count on an average cop to be able to tell the difference between a delta-9 pen and delta-8 pen. Also, I don't know how they would go about field-testing a pen to determine how much THC, and which type of THC, it contains.

 

CBD consumers seem to be utterly naïve about the CBD industry and only suspicious of the govt test process.
It's called dope for a reason.

 

Just put her to sleep with your “vitamin D.”

 

Almost a year ago I was speaking to someone who I have known since both of us were in HS. He is in the safety dept of a large mega. He told me that the largest positives they get are because of THC followed by prescription narcotic painkillers. He was talking about one of their latest positives reported to the carrier DER was a driver working a dedicated account who tested positive for a narcotic. They told him to get in touch with the prescribing physician, but he said he could not because he had been taking the pills out of his brother's bottle. That driver was terminated on the spot.

Another issue in my opinion is not about naivety as much as it is about lack of knowledge when it comes to THC. The FMCSA really needs to rethink its position on THC. On a walk the other day I happened into a vape shop that sells Delta-8. I have not checked but I would not be surprised if you could buy this on Amazon. When I talk about rethinking I am saying only disqualify until the driver can test below the cutoffs. Sending THC positives into that SAP grinder is a waste of time. Another thing that needs to be changed is 40.191(a)(2)

Fail to remain at the testing site until the testing process is complete. Provided that an employee who leaves the collection site before the testing process commences (see § 40.63(c) or § 40.72(e), as applicable) for a pre-employment test is not deemed to have refused to test. The collector is not required to inform an employee that the failure to remain at the collection site is a refusal. If an employee leaves prior to the completion of the testing process, per § 40.355(i) the employer must decide whether the employee's actions constitute a refusal;

There should be a notification mandated by DOT rule to all people about to start a pre-employment drug test that the process is about to commence and give anybody in that group a chance to opt-out and leave without it being considered a refusal. The way that rule is written gives the employer wide latitude and in some situations, I have seen where people who have not shown up at orientation have the chain of custody form sent in anyway as a refusal.

 

Not one person using THC has never heard of someone losing a job for a failed drug screen. It's not a coincidence that weed/THC users are passive & ignorant. It's called dope for a reason. Instead of expecting the whole world to be changed, people could act responsibly. They choose not to do that. Their drug is more important than their future. Telling the boss you disagree withe rules he is required to obey is not going to keep anyone employed or avoid an expensive & lengthy SAP program before being clean.

The rules are what they are. Not 1 CDL student is not told they will be tested. Poor people make poor choices and decide having friends tell them what they want to hear is better than getting a job. Poverty is a series of bad choices.

Why does anyone think describing a different make believe policy for drug screens helps? We have a real system in place now.

 

You and I are just going to have to disagree on this issue. I know several people who went into pre-employment testing that did not think taking "gummies" was prohibited. They were going into a local dispensary and buying THC products.

I don't want people operating something as small as a lawn mower high! Much less a large Class 8 CMV. But right now these kids are getting conflicting messages on THC. This is why I am not up on a soap box calling all of them stoners. In many cases, they did not see what was happening until the testing started, then while taking what they considered a legal substance still was sent home.

If it were up to me nobody would be able to legally buy that (redacted). The thing is it is not up to me. The THC laws in this country are different all over the US along with the DEA that has generally stopped enforcing 21 CFR 1308.11 as it relates to THC.

While I am on the subject I know a guy that is subject to DOT drug testing that works for Norfolk Southern Railway. He almost lost his job after eating what he thought was candy laying on his kitchen table. Turns out it was THC-laced gummies and he was sent to test about a week later. His daughter left them by mistake while home from school.

 

The people being surprised never once thought their future was important enough to ask anyone but the potheads at the CBD/weed dispensary for advice about CBD/weed. If they did look for answers they wen' to www.why weed is really great.com and found the answer they were wanting to find, not the real answer. I don't have to think weed or CBD is the worst chemical in the world. I think it's as effective as an IQ test as it as for reducing anxiety or increasing the appetite. The rules are what the rules are and the rules apply even if we disagree what the rules should be. Until the rules change, they are the rules that decide someone's future in trucking. People have different opinions.

 

Since delta-8 THC is sourced from hemp, and not marijuana, it is legal and unregulated at the federal level.
Delta 8 thc is federally legal because of the hemp bill that was passed a while back.
Delta 8 THC is not schedule 1.
Just because it says THC does not make it federally illegal.
Once again, the hemp bill did that.

 

Not the Devils lettuce!! SKRRRRRRRRRRRRRRRRRRRRRRRRRRT BA BOOOOM BANG!!!

 

ANY person subject the the testing mandated in Part 40 CFR found with THC beyond the set cutoffs in their system will NOT be allowed to perform safety-sensitive jobs until they go through the return to duty program! It does NOT matter where the THC comes from!