Home › Guides

Marijuana and CBD: What DOT Drivers Need to Know

Many states now allow medical or recreational marijuana. That does not change the rules for CDL drivers under DOT testing. This guide explains what DOT's drug policy office (ODAPC) has said about marijuana, CBD, and the 2025-2026 federal rescheduling steps.

Updated September 28, 2026 · Checked against the federal regulations

State marijuana laws do not change DOT rules

DOT has said many times that marijuana use is not allowed for safety-sensitive employees, including truck drivers. This is true even if your state allows it.

Under 49 CFR 382.213, a CDL driver may not report for or stay on duty after using a Schedule I drug. Marijuana is tested on every DOT drug test.

A medical marijuana card does not help. DOT's rule tells the Medical Review Officer (MRO) not to verify a test as negative because a doctor recommended a Schedule I drug under state law.

CBD products carry real risk

In its February 18, 2020 CBD notice, ODAPC said DOT tests for marijuana, not CBD. But that does not make CBD safe for drivers.

Many CBD product labels may be wrong. The product could have more THC than the label says. ODAPC noted that the FDA does not certify THC levels in CBD products.

If a CBD product causes a marijuana positive, the MRO will still verify it as positive. Saying "I only used CBD" is not a valid medical explanation.

What an MRO will not accept

Part 40 lists things an MRO must not accept when reviewing a marijuana positive. These include a doctor's recommendation under a state medical marijuana law. They also include use of hemp or other non-prescription marijuana products.

In a May 2026 official Q&A, ODAPC added that state medical marijuana cards, doctor certifications, and dispensary receipts do not count as a legitimate medical explanation.

The 2025-2026 rescheduling: what changed and what did not

On December 18, 2025, the President signed an Executive Order directing the Department of Justice to finish moving marijuana from Schedule I to Schedule III. ODAPC responded the next day. It said DOT's testing rules would not change until rescheduling is complete, and drivers would still be tested for marijuana.

On April 28, 2026, a final rule placed FDA-approved drug products containing marijuana in Schedule III. According to ODAPC, the order also covered marijuana products regulated by a state medical marijuana license. The same day, DEA announced a new hearing, starting June 29, 2026, on the broader proposal to move marijuana to Schedule III.

ODAPC then answered the key question in May 2026. Even after this rescheduling, an MRO cannot verify a marijuana positive as negative because of a state-licensed marijuana product. ODAPC said state-dispensed marijuana is not an FDA-approved drug, so it cannot be prescribed.

When we last checked the Federal Register in September 2026, we did not find a final rule moving all marijuana to Schedule III. Watch ODAPC for updates. Until DOT says otherwise, the rule for drivers is simple: no marijuana.

What employers should do

Keep your drug and alcohol policy clear that marijuana and CBD-related positives are violations. Remind drivers about CBD risk during training and at hire.

A verified marijuana positive means the driver must be removed from safety-sensitive work and complete the return-to-duty process before driving again. The MRO reports the positive to the Clearinghouse.

Pact Compliance can help you keep your drug policy and driver notices current as DOT guidance changes.

Common questions

Can a CDL driver use marijuana in a state where it is legal?

No. ODAPC says it remains unacceptable for any safety-sensitive employee subject to DOT drug testing to use marijuana, regardless of state law.

Does DOT test for CBD?

No. DOT tests for marijuana, not CBD. But CBD products may contain more THC than the label says, which can cause a positive marijuana test.

Will a medical marijuana card get a positive test changed to negative?

No. Under 49 CFR 40.151(e) and ODAPC's May 2026 Q&A, the MRO cannot verify a marijuana positive as negative based on a state medical marijuana card or recommendation.

Did marijuana rescheduling change DOT drug testing?

Not as of September 2026. ODAPC said testing will not change until rescheduling is complete. Its May 2026 Q&A says state-licensed marijuana still cannot be a valid medical explanation for a positive.

Is hemp or CBD use a valid excuse for a positive test?

No. Part 40 says the MRO must not accept use of hemp or other non-prescription marijuana-related products as a reason to verify a marijuana test negative.

Sources

Want this handled for you? Pact Compliance runs the random pool, Clearinghouse queries and driver records for small fleets, online, with a one-minute video for every setup step. Start free · Watch how it works · 901-517-7450