In light of recent state laws authorizing the use of medical marijuana, it is important to note the Department of Transportation Office of Drug and Alcohol Compliance Notice originally written by Jim Swart and published October 22, 2009 remains appropriate today. This notice explains that while the Department of Justice has made a specific set of recommendations to Federal prosecutors for pursuing criminal cases with respect to medical marijuana, those recommendations do not effect or modify the Department of Transportation’s regulated drug testing program. Despite legalization in some states for medicinal purposes, marijuana continues to be listed in Schedule I of the Controlled Substances Act.
Per the original notice: “The Department of Transportation’s Drug and Alcohol Testing Regulation – 49 CFR Part 40, at 40.151(e) – does not authorize ‘medical marijuana’ under a state law to be a valid medical explanation for a transportation employee’s positive drug test result.”
They further outline that Section 40.151 states:
“40.151 What are MROs prohibited from doing as part of the verification process? As an MRO, you are prohibited from doing the following as part of the verification process:
(e) You must not verify a test negative based on information that a physician recommended that the employee use a drug listed in Schedule I of the Controlled Substances Act (e.g. under a state law that purports to authorize such recommendation, such as the ‘medical marijuana’ laws that some states have adopted.)”
Compliance with these laws is vital to ensure the safety of your employees and the general public. If you or your drivers have questions regarding pre-employment screening or drug testing, we encourage you to contact an account executive today. At the Navigator Truck Insurance Agency we work hard at being accessible, helpful and result oriented.