Is possession of drugs prohibited under 49 CFR Part 382 with 49 CFR Part 40 consequences?
No. Possession of drugs is prohibited under 49 CFR Part 391, not 49 CFR Part 382. Safety-sensitive employees regulated by the Federal Motor Carrier Safety Administration (FMCSA) who violate this rule are subject to disqualification, but are not required to complete the 49 CFR Part 40 return-to-duty process.