---
kind: "section"
citation: "49 C.F.R. § 382.213"
title: "49"
number: "382.213"
heading: "Controlled substance use."
url: "https://uscodex.org/cfr/49/382.213"
---

# §382.213. Controlled substance use.

- (a) No driver shall report for duty or remain on duty requiring the performance of safety sensitive functions when the driver uses any drug or substance identified in [21 CFR 1308.11](/cfr/21/1308.11.md) Schedule I.
- (b) No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any non-Schedule I drug or substance that is identified in the other Schedules in [21 CFR part 1308](/cfr/21/part1308.md) except when the use is prescribed by a licensed medical practitioner, as defined in [§ 382.107](/cfr/49/382.107.md), 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.
- (c) No employer having actual knowledge that a driver has used a controlled substance, as defined in [§ 382.107](/cfr/49/382.107.md), shall permit the driver to perform or continue to perform a safety-sensitive function, except when the use is prescribed by a licensed medical practitioner, as defined in [§ 382.107](/cfr/49/382.107.md), 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.
- (d) An employer may require a driver to inform the employer of any therapeutic drug use.

## Notes

### Amendments

[77 FR 4483, Jan. 30, 2012, as amended at 88 FR 80180, Nov. 17, 2023]

### Authority

Authority: 49 U.S.C. 31133, 31136, 31301 et seq. , 31502; sec. 32934 of Pub. L. 112-141, 126 Stat. 405, 830; and 49 CFR 1.87.

### Source

Source: 66 FR 43103, Aug. 17, 2001, unless otherwise noted.

### Amendments

[77 FR 4483, Jan. 30, 2012, as amended at 88 FR 80180, Nov. 17, 2023]