Can Truck Drivers Smoke CBD Flower?

Published September 15, 2021
Can Truck Drivers Smoke CBD Flower? - Secret Nature

Any truck driver who has been on the job longer than a day knows that smoking weed is an instantly fireable offense. CBD flower isn’t weed, though… is it? Well, if it contains enough THC, the DOT might not find there to be any difference. There are ways you might be able to smoke CBD responsibly as a truck driver, though: read on to learn more.

It’s all cannabis, but…

Let’s start with a simple admission. CBD flower is cannabis in the same way that THC weed is cannabis. The only difference (and an important difference it is) is the dominant cannabinoid. In the case of CBD hemp flower, the dominant cannabinoid is CBD, and in the case of weed, it is THC.

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CBD flower vs. THC products

Even the strongest THC weed contains some amount of CBD, and the opposite is also true. CBD flower naturally contains small amounts of THC. As long as this THC remains below 0.3%, the flower is considered to be hemp, not weed.

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The 0.3% THC problem

For truck drivers, this trace amount of THC can be critical. If you smoke enough CBD hemp flower, concentrations of THC in your system can reach the threshold necessary for testing positive for THC on a DOT-issued trucker drug test. In early 2020, The DOT clarified that testing positive for THC due to smoking CBD hemp flower would not be considered a valid exemption.

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Potential workarounds

Making truck drivers take drug tests for THC has always been unreasonable. As a substance that can stay in your system for up to 30 days, a trucker who smoked a joint containing THC on the weekend could lose his job next week — long after he is fully sober and entirely capable of doing his job unimpaired.

To overcome this unfair situation, many truck drivers have resorted to using THC detox kits or carefully timing their cannabis use around their next scheduled drug test. If you only smoke CBD hemp flower moderately as a truck driver, though, such drastic measures should not be necessary.

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CBD flower truck driver FAQ

1. Can truck drivers use hemp?

The DOT has not specifically forbidden truck drivers from smoking CBD hemp flower. If you smoke enough of it, though, CBD-rich hemp could make you test positive for THC, so truck drivers should be very careful when smoking CBD buds.

2. Is CBD oil illegal for DOT drivers?

No, it is not illegal for truck drivers licensed by the United States Department of Transportation (DOT) to use CBD oil or any other type of CBD product. Truck drivers can lose their licensing, though, if they test positive for THC in a DOT drug test.

3. Does CBD show on a DOT drug screen?

DOT drug tests do not specifically test for the presence of CBD. Smoking CBD flower or using another type of full-spectrum CBD product can cause you to test positive for THC, though.

4. Can truck drivers smoke delta 8?

No, truck drivers licensed by the DOT should not smoke delta 8 THC. The delta 8 and delta 9 forms of THC may be different from a regulatory perspective, but they look exactly the same on a drug test. Only smoke delta 8 as a truck driver if your employer has specifically allowed the use of THC.

5. Is CBD legal to carry across state lines?

According to the 2018 farm bill, CBD products are generally not considered to be the illegal drug marijuana as long as they contain less than 0.3% THC. Hemp products containing less than this THC threshold are considered to be industrial hemp, which is not in a special category for the purposes of interstate commerce. As a result, carrying CBD across state lines is not likely to result in any law enforcement action — especially since most CBD products don’t look anything like weed.

6. Is delta 8 legal to carry across state lines?

Since the federal government hasn’t decided what to do about delta 8 THC, it’s probably advisable to avoid carrying this cannabinoid over state lines at this point. For truckers and other people who routinely cross from state to state, carrying delta 8 poses too much risk of mistaken identity with marijuana.

7. Can I drive with hemp flower?

Some people who carry hemp flower in their cars have reported law enforcement harassment. When you’re in your vehicle is the time at which you are most likely to encounter law enforcement officers, and many police officers are still trained to associate the smell of cannabis with illegal drugs. Carry your hemp flower discreetly when you’re on the go, or just leave it at home.

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