CDL Pre-employment drug test

L

LisaH

New Member
Jurisdiction
Texas
I was given a DOT pre-employment drug screen that came back invalid. I was pulled from my position that day and told I had to provide another urine sample right then. I panicked because I use CBD oils and was afraid it would come as a positive, so I refused which shows also as a positive. My question is upon research DOT uses a split sample and I was not asked anything about why or given the opportunity to ask to have the 2nd vial sent off to be tested by another laboratory, so now this is showing up on my DAC report as a positive and I am unable to get employment using my CDL. Do I have a case?
 
LisaH said:
I was given a DOT pre-employment drug screen that came back invalid. I was pulled from my position that day and told I had to provide another urine sample right then. I panicked because I use CBD oils and was afraid it would come as a positive, so I refused which shows also as a positive. My question is upon research DOT uses a split sample and I was not asked anything about why or given the opportunity to ask to have the 2nd vial sent off to be tested by another laboratory, so now this is showing up on my DAC report as a positive and I am unable to get employment using my CDL. Do I have a case?
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A case for what?
 
LisaH said:
Do I have a case?
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I suggest you read this article:

Will CBD Show Up On A Drug Test? | Live CBD Healthy

All CBD oil purveyors do not manufacture their product to ensure that THC is not in the end product.

CBD is illegal under Texas law, it is no longer illegal under federal law.

On January 1, 2019 - with the passage of the Agricultural Improvement Act of 2018 (also known as the Farm Bill Act) - it became legal to grow or possess hemp under federal law as long as it has less than .3 percent THC. Feb 8 2019

Texas is not prosecuting MOST CBD cases because current testing at the state labs is said to be unable to distinguish between CBD and even smallish amounts of THC.

LisaH said:
Do I have a case?
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I suggest you speak with three or four employment or criminal defense lawyers in your county to gain more insight on this issue.

If you want to become a DOT licensed trucker, I suggest you find a way to CEASE using CBD oils.

If you can't, driving an 18 wheeler might be something you forget.
 
CBD is not illegal in the state of Texas. It is if it has THC. I always bought the oil without THC but it is a risk because there is no guarantee.
 
They did not follow procedures and did not even test my split vial or even offer to test it. I am asking about the procedure not if CBD is legal in Texas or not.
 
They did not follow procedures at the time they asked me to give them an additional sample according to the FMCSR. I should have been asked if there was a reason my sample was invalid and then offered to have my 2nd vial sent to a different lab to be tested. None of that happened.
 
It was likely your responsibility to ask/demand, not their responsibility to offer.
How long ago did all this happen? There may be a time frame within which you can appeal any decisions.
 
LisaH said:
They did not follow procedures at the time they asked me to give them an additional sample according to the FMCSR. I should have been asked if there was a reason my sample was invalid and then offered to have my 2nd vial sent to a different lab to be tested. None of that happened.
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It was probably a doctored sample you gave or you only got clean long enough to take the test but then after you gave your sample, you went back to using drugs and that's why you're unwilling to just provide another sample for testing.
 
Obviously you didn't read why I didn't want to provide another sample. But that's cool. We all have opinions. Thanks for yours. And actually I thought it was a done deal til I started reading about the procedures and what should have happened and what didn't.
 
LisaH said:
Obviously you didn't read why I didn't want to provide another sample. But that's cool. We all have opinions. Thanks for yours. And actually I thought it was a done deal til I started reading about the procedures and what should have happened and what didn't.
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Right - because you were using the drug in question, or, at the very least, thought it was possible that you had been.
 

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