Transportation Memo: Marijuana Rescheduling Order Doesn’t Change Federal Drug Testing Rules
The memo, dated May 26, affirms that there has been no change in drug testing-related policy despite the Justice Department’s decision to reclassify state-approved medical cannabis from Schedule I to Schedule III of the Controlled Substances Act.
“Marijuana use under state marijuana programs or other non-prescription sources does not qualify as a ‘legitimate medical explanation’ under 49 CFR § 40.137(a),” the memo reads.
“A ‘legitimate medical explanation’ requires use of a legally prescribed controlled substance in compliance with federal laws governing such a prescription. … Even after rescheduling, state-dispensed marijuana does not constitute an FDA-approved drug.”
It concludes, “Although the MRO [medical review officer] may be presented with documentation such as State-issued medical marijuana cards, physician recommendations or certifications, or dispensary records or receipts, these documents do not satisfy part 40 requirements for a ‘legitimate medical explanation.’”
Testifying before Congress in 2024, the former Transportation Secretary made clear that rescheduling would not significantly change federal drug testing regulations, stating that the 1988 drug testing regulations explicitly mandate certain employers to screen for cannabis regardless of its placement in the CSA. “The rescheduling of marijuana from Schedule I to Schedule III … would not alter DOT’s [the US Department of Transportation’s] marijuana testing requirements with respect to the regulated community,” he said.
[. . .]- NORML has repeatedly argued that employers should not presume that the detection of either THC or its metabolites is evidence of impairment.
- Alternatively, NORML has called for the expanded use of performance-based tests, like DRUID or Predictive Safety’s AlertMeter.
Additional information is available from the NORML Fact Sheet, ‘Marijuana Legalization and Impact on the Workplace.’
The Transportation Administration’s guidance memo >
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