49 C.F.R. § 40.85

What are the cutoff concentrations for urine drug tests?

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(a) As a laboratory, you must use the cutoff concentrations displayed in the following table for initial and confirmatory drug tests. All cutoff concentrations are expressed in nanograms per milliliter (ng/mL). The table follows:

Initial test analyte	Initial test cutoff ¹	Confirmatory test analyte	Confirmatory test cutoff concentration
Marijuana metabolites (THCA) ²	50 ng/mL³	THCA	15 ng/mL.
Cocaine metabolite (Benzoylecgonine)	150 ng/mL ³	Benzoylecgonine	100 ng/mL.
Codeine/ Morphine	2000 ng/mL	Codeine Morphine	2000 ng/mL. 2000 ng/mL.
Hydrocodone/ Hydromorphone	300 ng/mL	Hydrocodone Hydromorphone	100 ng/mL. 100 ng/mL.
Oxycodone/ Oxymorphone	100 ng/mL	Oxycodone Oxymorphone	100 ng/mL. 100 ng/mL.
6-Acetylmorphine	10 ng/mL	6-Acetylmorphine	10 ng/mL.
Phencyclidine	25 ng/mL	Phencyclidine	25 ng/mL.
Amphetamine/ Methamphetamine	500 ng/mL	Amphetamine Methamphetamine	250 ng/mL. 250 ng/mL.
MDMA ⁴/MDA ⁵	500 ng/mL	MDMA MDA	250 ng/mL. 250 ng/mL.
¹ For grouped analytes (i.e., two or more analytes that are in the same drug class and have the same initial test cutoff):
Immunoassay: The test must be calibrated with one analyte from the group identified as the target analyte. The cross-reactivity of the immunoassay to the other analyte(s) within the group must be 80 percent or greater; if not, separate immunoassays must be used for the analytes within the group.
Alternate technology: Either one analyte or all analytes from the group must be used for calibration, depending on the technology. At least one analyte within the group must have a concentration equal to or greater than the initial test cutoff or, alternatively, the sum of the analytes present (i.e., equal to or greater than the laboratory's validated limit of quantification) must be equal to or greater than the initial test cutoff.
² An immunoassay must be calibrated with a target analyte.
³Alternate technology (THCA and Benzoylecgonine): When using an alternate technology initial test for the specific target analytes of THCA and Benzoylecgonine, the laboratory must use the same cutoff for the initial and confirmatory tests (i.e., 15 ng/mL for THCA and 100ng/mL for Benzoylecgonine).
⁴ Methylenedioxymethamphetamine (MDMA).
⁵ Methylenedioxyamphetamine (MDA).

(b) On an initial drug test, you must report a result below the cutoff concentration as negative. If the result is at or above the cutoff concentration, you must conduct a confirmation test.

(c) On a confirmation drug test, you must report a result below the cutoff concentration as negative and a result at or above the cutoff concentration as confirmed positive.

(d) You must report quantitative values for morphine or codeine at 15,000 ng/mL or above.

[65 FR 79526, Dec. 19, 2000, as amended at 75 FR 49862, Aug. 16, 2010; 77 FR 26473, May 4, 2012; 82 FR 52244, Nov. 13, 2017. Redesignated and amended at 88 FR 27643, May 2, 2023]

Notes of Decisions

Cited in 6 cases (3 in the last 5 years), 2002–2023 · leading case: Rector v. LabOne, Inc., 208 F. Supp. 2d 987 (E.D. Ark. 2002).

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Rector v. LabOne, Inc., 208 F. Supp. 2d 987 (E.D. Ark. 2002). “See 49 C.F.R. § 40.85 . The laboratory is not permitted to test the split specimen, only the primary specimen.”

Gabbard v. Fed. Aviation Admin., 532 F.3d 563 (6th Cir. 2008). · cites it 2× “and amphetamines, as specified in 49 CFR 40.85.” Id. pt. 121 app. I. And 49 C.”

Barrett v. Claycomb, 976 F. Supp. 2d 1104 (W.D. Mo. 2013). “The regulations limit testing to five drugs — and explicitly prohibit testing for other drugs, 49 C.F.R. § 40.85 , whereas Linn State tests for eleven types of drugs, [Plaintiffs’ Exhibit 6].”

In the Interest of K.R.K.-L.H. v. the State of Texas (Tex. App. 2023). “3249 C.F.R. § 40.85 (c). 3349 C.F.R. §§ 40.”

Woodruff v. Ohio Dep't of Transp. (S.D. Ohio 2021). “49 C.F.R. § 40.85 (d). Federal regulations also state: 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…”

Woodruff v. Ohio Dep't of Transp. (S.D. Ohio 2022). “See 49 C.F.R. § 40.85 . On April 5, 2018 (apparently for the first time), Woodruff’s test result showed that he used oxycodone and oxymorphone.”

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