Earlier this month, a Vermont inspector placed a truck driver out of service for possessing CBD oil — a substance which they said is derivative of a Schedule I drug.
According to the Vermont DMV’s Facebook post, on June 8 (possibly during the Roadcheck inspection blitz) an officer discovered a bottle of “Creating Better Days” CBD oil — also known as Cannabidiol — while inspecting a tractor trailer.
“The oil substance, which was vaped by the driver, is reportedly used to reduce anxiety and cause a calming effect. Driver was placed OOS for 24 hours and CMV towed,” according to the Vermont DMV.
Allegedly THC Free Substance Considered A Schedule I Controlled Substance
Though the CBD oil is considered to be non-psychoactive and does not contain the chemical compound THC found in marijuana according to the manufacturer, the Vermont DMV indicated that cannabidiol is a Schedule I controlled substance and cited the drug code:
“Sec.1308.11 (58) Marihuana Extract—(7350)
Meaning an extract containing one or more cannabinoids that has been derived from any plant of the genus Cannabis, other than the separated resin (whether crude or purified) obtained from the plant.”
When social media users argued that the substance is legal on a state and federal level, the Vermont DMV referred to a rule published by the DEA and effective as of January 13, 2017, that established a new drug code for “Marihuana Extract.” The new rule seems to classify any product derived from the marijuana plant as a Schedule I controlled substance: “Extracts of marihuana will continue to be treated as Schedule I controlled substances.”
The Vermont DMV also argued that a CDL is “federal and not state” and therefore federal law takes precedence over CDL holders.
While many drug laws were relaxed under the Obama administration, the Trump administration and Attorney General Jeff Sessions have sent out calls to tighten drug restrictions and renew the war on drugs.