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Note:

6.3.3 Drugs (392.4)

No driver may be on duty and possess, or be under the influence of, any of the following types of drugs or substances:

  • Any 21 CFR 1308.11 Schedule I substance;
  • Any type or formulation of an amphetamine;
  • Any type or derivative of a narcotic; or
  • Any other substance that would impede a driver’s ability to safely operate a vehicle, including misused or abused prescription drugs, or marijuana, medicinal, or otherwise.

These rules do not apply to prescription drugs or substances given to a driver under the instruction of a licensed medical practitioner as noted in 49 CFR 382.107, so long as the substance does not impede the driver’s ability to safely operate a vehicle.

The term “possession” does not apply to substances manifested and transported as part of a shipment.

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