CBD Oil

Topic 26258 | Page 1

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Giovanni U.'s Comment
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Is CBD oil legal on a truck IF the driver is NOT using it, for use by Passenger ONLY?? Can it count as possession? Don't want to risk job, asking because wife has med resistant epilepsy and uses it but wants to ride

Army 's Comment
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What is your company policy?

PackRat's Comment
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Is this a doctors prescription? Also, check company policy, as Army suggested.

Errol V.'s Comment
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CBD is kind of new, and it shouldn't raise eyebrows if you asked your company about their policy. I looked into the legality of the stuff, and it is legal. However, considering its source and the quality of the producer, there might be a chance that some THC might still be dissolved in your CBD. If ->YOU<- use the stuff theraputically, it could cause YOUR random drug test to show positive, and your trucking career would become negative.

APU:

Auxiliary Power Unit

On tractor trailers, and APU is a small diesel engine that powers a heat and air conditioning unit while charging the truck's main batteries at the same time. This allows the driver to remain comfortable in the cab and have access to electric power without running the main truck engine.

Having an APU helps save money in fuel costs and saves wear and tear on the main engine, though they tend to be expensive to install and maintain. Therefore only a very small percentage of the trucks on the road today come equipped with an APU.

Giovanni U.'s Comment
member avatar

Is this a doctors prescription? Also, check company policy, as Army suggested.

No it's not a prescription, my wife has med resistant epilepsy and uses it to help control her seizures. I'm going to see what safety says today. I did call the Highway state patrol and their answer was: it is legal provided the amount of THC listed is what's actually in the bottle. He said that it can be confiscated and tested. And the one in possession can be given suppena to show up in court. So I guess the easy answer is no.

Old School's Comment
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Giovanni, it's been a minute since we heard from you! How's it going? Who are you driving for?

Sorry I can't help with your original question. I just am not knowledgeable on the CBD issues.

Rick S.'s Comment
member avatar

This is actually a tricky question.

Under NO CIRCUMSTANCES would I recommend a driver be using CBD themselves. Too many questions if you pop hot for for a weed positive, and CBD use rules are vague - leaning towards a NO in most opinions from FMCSA.

As far as having it onboard for the wife - some states are still pretty hinky about hemp possession in ANY FORM, despite the recent farm bill making HEMP federally legal (that is INDUSTRIAL/MEDICINAL HEMP - not big funky buds) - a couple of states have BUSTED TRUCKERS who are otherwise LEGALLY TRANSPORTING HEMP for possession/trafficking (Idaho being the state that is still trying to imprison a few drivers).

I would check with your safety department. Under normal circumstances we'd advise the "better safe than sorry" route, but understanding that it is helping your wife with her medical condition - if safety says NO, than she can either leave it at home or NOT RIDE ALONG. If they say YES - be aware you may find yourself getting pulled in for "random testing" a little more often - out of fear that you might be partaking yourself.

Keeping in mind that even "quality hemp oil" is going to contain some THC (miniscule amounts), it is also considered a "supplement", and not a "regulated prescription item" by the FDA - so the amount of THC is going to vary. If by chance - you get into an accident and pop hot FOR ANY REASON - you're going to be in a world of trouble.

I know this is not a DEFINITIVE ANSWER. I'm glad your wife's condition is being helped by the CBD - there are many conditions for which this seems to help.

Rick

CSA:

Compliance, Safety, Accountability (CSA)

The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

FMCSA:

Federal Motor Carrier Safety Administration

The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

What Does The FMCSA Do?

  • Commercial Drivers' Licenses
  • Data and Analysis
  • Regulatory Compliance and Enforcement
  • Research and Technology
  • Safety Assistance
  • Support and Information Sharing

Fm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
Big T's Comment
member avatar

Here is what Swift put out about cbd oil:

chevron_left Clarification on DOT's Position on CBD Products Jul 31, 2019 Many states have started passing laws to regulate or allow for the recreational use of cannabis in various forms. While some states may allow the general public to use cannabis, we know that Swift operates a no tolerance drug policy, which prohibits the usage of cannabis. But what about when it comes to CBD (cannabidiol) products?

The FDA does not regulate these products. Even if advertised as legal or safe, they may still contain levels of THC (tetrahydrocannabinol, a crystalline compound that is the main active ingredient of cannabis) in them without your knowledge. If you use these products, you may be at risk of ingesting or absorbing THC into your system.

At this time it is against Federal Motor Carrier Safety Regulation (392.4) to possess items that are derivatives of a schedule 1 or a narcotic drug. Because, there is no clear oversight of the THC levels, law enforcement may treat these products as restricted under this regulation. If these items are on the truck and you are stopped by Law Enforcement, they could issue a Citation.

We know that these products are on store shelves nationwide and used by many. We just want to help you avoid unknowingly using items that could result in your unknowingly ingesting or absorbing THC, which could potentially cause impairment and could result in a positive drug test. If you were to fail a regulated DOT test as a result of your use of “CBD”, under existing federal regulations, we would have to treat such a result no differently than any other regulated positive result. And this could negatively affect your ability to work as a commercial driver. If you have questions please reach out to our Safety team in Phoenix.

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.

OWI:

Operating While Intoxicated

Errol V.'s Comment
member avatar
Here is what Swift put out about cbd oil ....

Thanks Big T for getting some definitive info on CBD.

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