Can You Fight A Failed Drug Test Due To CBD Oils?

Topic 23842 | Page 1

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Ginger Twist's Comment
member avatar

I need help! I am currently in school to get my CDL. I was told I could not take a prescription for restless legs syndrome so stopped taking it and asked the local Health Food store if there was a natural alternative. They suggested a Hemp Based CBD Oil and assured me there was no THC and that it would not show up on a drug screen. Well it did, Drug Screen came back 28 nanograms THC and the cut off for DOT is 15. I took a home test to double check and passed but come to find out the cut off for that test is 55. Since I already have my permit I had to stop school for now. Called the DOT in Washington and they were no help. They and the lab said I have to do SAP program to get cleared. I requested a retest immediately but am told that since same sample will most likely come back with the same result and to follow procedure I start the SAP Process Monday which is costly. I paid for CDL school out of pocket and want to continue but am hitting brick walls with trucking companies. My husband and I were going to team, he is due to graduate next week while I am stuck dealing with this. My question is to everyone is, is there a way to fight this since CBD oils are sold over the counter and are not supposed to show up on test? DOT told me that Hemp Based CBD Oils are not a legitimate medical excuse. I am sick about this whole thing and can’t seem to get any real answers of how I can fight this.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

SAP:

Substance Abuse Professional

The Substance Abuse Professional (SAP) is a person who evaluates employees who have violated a DOT drug and alcohol program regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

Rainy 's Comment
member avatar

My guess is you are screwed and you will have to do the program and disclose to all future employers about the issue. it may even prevent you from getting hired by some employers

this is exactly why i encourage company sponsored schooling, so you know in advance. Your hubby isnt in the clear yet either because schools use DOT minimum standards and companies have their own. Any background or work history problems and he could be in the same boat.

i would encourage him to find a company that would accept your situation because honestly, some wont. even after finishing the SAP

SAP:

Substance Abuse Professional

The Substance Abuse Professional (SAP) is a person who evaluates employees who have violated a DOT drug and alcohol program regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

Ginger Twist's Comment
member avatar

Thank you Rainy D for your reply and honesty. My husband will go Solo for now since he does not do drugs and was not using the CBD oils but with days of research I am coming to the conclusion that yes I am screwed even when I complete SAP. Does anyone know of any companies that would hire us as a team with this issue? I am hitting a brick wall with every company I call, even the ones the school said would still hire me. PS lived in NJ for 28 years

SAP:

Substance Abuse Professional

The Substance Abuse Professional (SAP) is a person who evaluates employees who have violated a DOT drug and alcohol program regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.

Susan D. 's Comment
member avatar

I'm so sorry, but Rainy is correct. There is absolutely NO wiggle room on a DOT drug screen. Even if you reside in a state where marijuana is legal, it s not legal at the federal level and never will be.

Something so important, I know this is hindsight, but NEVER trust some well meaning health food store clerk with something so important.

It's a shame you've already spent your own money for a school that you cannot attend. Had you attempted to attend a company sponsored school, you'd have been sent home for the failed drug screen, but at least you would have the money for a sap program.

Even after completing the sap program, it may be years before anyone will give you a chance.. I really don't know at all and I'm just guessing

Has your spouse already chosen a company that he had planned to work for?

My heart just hurts for you. I so wish you had discussed the CBD oil before you ever applied for the school. I would talk to some second chance companies like Western Express, Carolina Cargo, PTL, and so forth explaining your situation and see if they'd consider you after the lengthy sap process and CDL school attendance.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

SAP:

Substance Abuse Professional

The Substance Abuse Professional (SAP) is a person who evaluates employees who have violated a DOT drug and alcohol program regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Rainy 's Comment
member avatar

Try this list. Its for DUI and drug related offenses. something else to consider...does it go into your hair and will it show on a follicle test? having TWO failed tests would be the kiss of death. so beware companies that do hair testing. CFI seems to be sorta lenient, but they do a hair test. I know a forum member here failed a drug test in Dec and got hired at PAM and CR England was willing to accept her. after a brief training period, Roehl then took her on. PAM and CRE pay on the lower side, but if it gets your foot in the door...so be it.

good luck and keep us posted!

DUI and DRUG policies

DUI:

Driving Under the Influence

DWI:

Driving While Intoxicated

Rob T.'s Comment
member avatar
I know a forum member here failed a drug test in Dec and got hired at PAM and CR England was willing to accept her. after a brief training period, Roehl then took her on.

I wonder what that member is up to or if they're still in the industry. It was definitely an interesting diary of theirs but sadly they felt they knew better than the experienced drivers here.

Ginger Twist's Comment
member avatar

Thank you all for the replies. Hubby is currently filling out applications so he can at least get his training done and a few months under his belt while I do the SAP process and finish school. Hopefully once that is done we can find a company that will take us as a team. If not I will ride with him and try again in about a year. Maybe with time gone by I’ll have a better chance. As for the hair I am guessing it would show up but luckily I have pretty short hair which in a few months should be clean. Again thanks for the advice. I am not going to give up, I got too much invested in this. We had worked together for years with at risk teens and both quit our jobs to do this together since all of our kids are grown. Something I always wanted to do.

SAP:

Substance Abuse Professional

The Substance Abuse Professional (SAP) is a person who evaluates employees who have violated a DOT drug and alcohol program regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.

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