What does the MORE Act mean for safety-sensitive employees and marijuana?
December 4 the U.S. House of Representatives passed the MORE Act by a vote of 228-164. This act removes marijuana from the list of scheduled substances under the Controlled Substances Act.
If the MORE Act becomes law, it would decriminalize marijuana but would not stop safety-sensitive employees such as FMCSA regulated drivers from being tested for marijuana. The language was added to the bill on Nov. 30 that would allow drug tests to be required for any Schedule I substance, which is defined as drugs with no currently accepted medical use and carry a high potential for abuse.
Removing marijuana from the Controlled Substances Act would take it off the Schedule I list but the tweak to the bill means that employees in safety-sensitive roles would allow for the U.S. Department of Transportation to keep marijuana testing in place.
CBD products
In February, The Department of Transportation published a notice clarifying existing requirements under the law concerning CBD oil and their agency policies. Since the use of CBD products could lead to a positive THC (marijuana) drug test result, safety-sensitive employees should exercise extreme caution if and when using CBD products if their use is not already prohibited in your employee handbook.
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