Current textIn force on March 10, 2026Source: eCFR
§ 40.91 What are the cutoff concentrations for oral fluid drug tests?
Current wording, effective June 1, 2023.
49 CFR § 40.91 — What are the cutoff concentrations for oral fluid drug tests?. Text in force on March 10, 2026. This wording effective June 1, 2023 to present. Source: eCFR as of March 10, 2026, https://www.ecfr.gov/on/2026-03-10/title-49/section-40.91. Retrieved from FMCSR.com, https://fmcsr.com/reg/40.91?asof=2026-03-10, on October 26, 2026. Unofficial compilation; verify against the official source.
As a laboratory, you must use the cutoff concentrations displayed in the following table for initial and confirmatory drug tests for oral fluid specimens. All cutoff concentrations are expressed in nanograms per milliliter (ng/mL). The table follows:
| Initial test analyte | Initial testcutoff 1 | Confirmatory test analyte | Confirmatory test cutoff concentration |
|---|---|---|---|
| Marijuana (THC) 2 | 4 ng/mL 3 | THC | 2 ng/mL. |
| Cocaine/Benzoylecgonine | 15 ng/mL | CocaineBenzoylecgonine | 8 ng/mL.8 ng/mL. |
| Codeine/Morphine | 30 ng/mL | CodeineMorphine | 15 ng/mL.15 ng/mL. |
| Hydrocodone/Hydromorphone | 30 ng/mL | HydrocodoneHydromorphone | 15 ng/mL.15 ng/mL. |
| Oxycodone/Oxymorphone | 30 ng/mL | OxycodoneOxymorphone | 15 ng/mL.15 ng/mL. |
| 6-Acetylmorphine | 4 ng/mL 3 | 6-Acetylmorphine | 2 ng/mL. |
| Phencyclidine | 10 ng/mL | Phencyclidine | 10 ng/mL. |
| Amphetamine/Methamphetamine | 50 ng/mL | AmphetamineMethamphetamine | 25 ng/mL.25 ng/mL. |
| MDMA 4/MDA 5 | 50 ng/mL | MDMAMDA | 25 ng/mL.25 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., with concentrations 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 the target analyte. | |||
| 3 Alternate technology (THC and 6-AM): The confirmatory test cutoff must be used for an alternate technology initial test that is specific for the target analyte (i.e., 2 ng/mL for THC, 2 ng/mL for 6-AM). | |||
| 4 Methylenedioxymethamphetamine (MDMA). | |||
| 5 Methylenedioxyamphetamine (MDA). |
[88 FR 27643, May 2, 2023]
Amendment history
5 distinct wordings on file since Oct. 1, 1996- [88 FR 27643, May 2, 2023]
- [65 FR 79526, Dec. 19, 2000, as amended at 69 FR 64867, Nov. 9, 2004]
- [65 FR 79526, Dec. 19, 2000, as amended at 69 FR 64867, Nov. 9, 2004]
- Oct. 1, 1996 → Oct. 1, 2001annual editions 1996–2000
A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.