Medication Use
Disqualifying Medications
“The FMCSRs do not include a list of prohibited medications by name. However, MEs may disqualify a driver who takes any medication or combination of medications and substances that may impair or interfere with safe driving practices.”
The only absolutely disqualifying medication is marijuana as it is illegal federally.
The Medication Standard
“The FMCSRs do not include a list of prohibited medications by name. However, MEs may disqualify a driver who takes any medication or combination of medications and substances that may impair or interfere with safe driving practices.”
49 CFR 391.41(b)(12)
“A person is physically qualified to drive a commercial motor vehicle if that person- Does not use a controlled substance identified in 21 CFR 1308.11 Schedule I, an amphetamine, a narcotic, or any other habit-forming drug.
(12)(i) Does not use any drug or substance identified in 21 CFR 1308.11 Schedule I, an amphetamine, a narcotic, or any other habit-forming drug.
(ii) Does not use any non-Schedule I drug or substance that is identified in the other Schedules in 21 CFR part 1308 EXCEPT when the use is prescribed by a licensed medical practitioner, as defined in §382.107, who is familiar with the driver’s medical history and has advised the driver that the substance will not adversely affect the driver’s ability to safely operate a commercial motor vehicle.”
The Prescription Exception
Paragraph (b)(12)(ii) of the Medication Standard allows a driver to be medically qualified when using a Schedule II through V drug if it is prescribed by a licensed medical practitioner who:
- is licensed under applicable law to prescribe controlled substances and other drugs
- is familiar with the driver’s medical history
- has advised the driver that the substance will not adversely affect the driver’s ability to safely operate a commercial motor vehicle
Medication Schedules
Schedule I drugs: These drugs have no currently accepted medical use in the United States under Federal law
Includes many opiates, opiate derivatives, and hallucinogenics
- Heroin
- Marijuana
Schedule II drugs: These drugs have a high abuse potential
- May lead to severe psychological or physical dependence
- Includes opioids, depressants, and amphetamines
Schedules III-V drugs: These drugs have a lower potential for abuse
Methadone & Suboxone
Methadone (a schedule II drug) and Suboxone (a schedule III drug) are not identified as medications that preclude certification.
Considerations:
- The ME should obtain the opinion of the prescribing provider who is familiar with the driver’s health history as to whether treatment adversely affects the driver’s ability to safely operate a CMV
- Is the driver currently in the process of discontinuing a substance (drug or alcohol abuse, opioid addiction)?
- Are they using the medication as maintenence therapy?
- Are the effects or side effects likely to interfere with the ability to safely operate a CMV?
Waiting Period: No time frame
Certification Interval: The FMCSA handbook does not designate a specific certification interval for this condition