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Note:
This is an excerpt from FMCSA's Motor Carrier Safety Planner specific to your interests. As you navigate through the pages, pay close attention to any notes and highlights. Click here to read the entire Safety Planner and find more resources to help you comply with safety regulations.

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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