§40.91 What are the cutoff concentrations for oral fluid drug tests?

Current as of Oct 29, 2026Last amended Jun 1, 2023Official text on eCFR ↗

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:

Table 1 to § 40.91—Oral Fluid Testing Cutoff Concentrations

Initial test analyteInitial test cutoff 1Confirmatory test analyteConfirmatory test cutoff concentration
Marijuana (THC) 24 ng/mL 3THC2 ng/mL.
Cocaine/Benzoylecgonine15 ng/mLCocaine Benzoylecgonine8 ng/mL. 8 ng/mL.
Codeine/Morphine30 ng/mLCodeine Morphine15 ng/mL. 15 ng/mL.
Hydrocodone/Hydromorphone30 ng/mLHydrocodone Hydromorphone15 ng/mL. 15 ng/mL.
Oxycodone/Oxymorphone30 ng/mLOxycodone Oxymorphone15 ng/mL. 15 ng/mL.
6-Acetylmorphine4 ng/mL 36-Acetylmorphine2 ng/mL.
Phencyclidine10 ng/mLPhencyclidine10 ng/mL.
Amphetamine/Methamphetamine50 ng/mLAmphetamine Methamphetamine25 ng/mL. 25 ng/mL.
MDMA 4/MDA 550 ng/mLMDMA MDA25 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).

Source: 88 FR 27643, May 2, 2023

Compiled from the Electronic Code of Federal Regulations (eCFR), an editorial compilation and not an official legal edition of the CFR. The official text is the Federal Register and the annual CFR edition. §40.91 on eCFR.

Sections that cite this one

  • §40.177 What does the second laboratory do with the split specimen when it is tested to reconfirm the presence of a drug or drug metabolite?