Commercially licensed drivers and other transportation employees will
continue to face sanctions
for their use of state-authorized medical cannabis products, according
to recently issued guidance from the US Department of Transportation.
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.
[. . .]
Additional information is available from the NORML Fact Sheet, ‘Marijuana Legalization and Impact on the Workplace.’
The Transportation Administration’s guidance memo >
National Organization for the Reform of Marijuana Laws
The
National Organization for the Reform of Marijuana Laws is a social
welfare organization based in Washington, D.C., that advocates for the
reform of marijuana laws in the United States regarding both medical and
non-medical use.
About NORML
NORML’s mission is to move public opinion sufficiently to legalize the responsible use of marijuana by adults, and to serve as an advocate for consumers to assure they have access to high quality marijuana that is safe, convenient and affordable.
Adopted by the NORML Board of Directors, June 29, 2013A
Voice for Responsible Marijuana Consumers
Since its founding in 1970, NORML has
provided a voice in the public policy debate for those Americans who
oppose marijuana prohibition and favor an end to the practice of
arresting marijuana consumers. A nonprofit public-interest advocacy
group, NORML represents the interests of the tens of millions of
Americans who use marijuana responsibly.
Because NORML lobbies state and federal legislators, donations to NORML are not tax deductible.
NORML serves as an informational
resource to the
national media on marijuana-related stories, providing a perspective to offset the
anti-marijuana propaganda from the government; lobbies state and federal legislators in support of reform legislation; publishes a regular
newsletter; hosts, along with The NORML Foundation, an informative website;
NORML Legal Seminars,
NORML Conferences;
and serves as the umbrella group for a national network of
citizen-activists committed to ending marijuana prohibition and
legalizing marijuana.
Heather Cox Richardson continues to inspire so many people with her wisdom, passion, and powerful storytelling
