Marijuana Remains Off Limits for CDL Drivers

You no longer have to weed facts from fiction when it comes to marijuana use if you’re subject to DOT testing rules. DOT guidance confirms that commercial drivers and others subject to 49 CFR Part 40 are still prohibited from using marijuana. This is true despite the federal government’s reclassification of medical marijuana to a lower drug category.

An executive order in December, followed by an order from the Justice Department in April, brought about the reclassification of medical marijuana. Products containing marijuana approved by the Food and Drug Administration (FDA) and marijuana products regulated by a state medical marijuana law were moved from Schedule I to Schedule III of the Controlled Sub-stances Act (CSA). This action did not reclassify recreational marijuana.

What’s DOT’s Take On the Matter?

The U.S. Department of Transportation’s Office of Drug and Alcohol Policy & Compliance (ODAPC) realized this recent activity surrounding marijuana’s status created confusion for DOT-regulated employers and employees.

As a result, ODAPC offered guidance that clarifies there is no “legitimate medical explanation” for a drug test that was reported to the medical review officer (MRO) as positive for marijuana. MROs can’t change the result from positive to negative on a Part 40 drug test.

Why Can’t MROs Accept Medical Marijuana as a Valid Excuse?

To understand the ODAPC guidance, you need to look at what constitutes a legitimate medical explanation.

A legitimate medical explanation requires use of a legally prescribed controlled substance within the scope of federal laws governing prescriptions. Even after rescheduling, state-dispensed marijuana is not an FDA-approved drug. FDA approval is required for a substance to be legally prescribed.

The guidance explains that state-issued medical marijuana cards, physician recommendations or certifications, or dispensary records or receipts don’t satisfy Part 40 requirements for a legitimate medical explanation. ODAPC indicated, “In addition, marijuana use is not compatible with safety-sensitive functions.”