What DOT-regulated Employers Need to Know About Marijuana Rescheduling

The DEA recently reclassified certain marijuana products from Schedule I to Schedule III under the Controlled Substances Act. If you manage a DOT-regulated workforce, you may be wondering what this means for your drug testing program. The Office of Drug and Alcohol Policy and Compliance, together with the Office of the General Counsel, has issued a 49 CFR Part 40 Question and Answer with a clear answer: your obligations have not changed.

A positive test is still a positive test

Employees may attempt to explain a laboratory-confirmed marijuana positive by presenting State medical marijuana documentation. As an employer, it is important to understand that this does not change the outcome. A positive result will remain a verified positive regardless of what documentation an employee provides, including:

• A State-issued medical marijuana card
• A physician recommendation or certification
• Dispensary records or receipts

State marijuana programs operate outside of Federal law. Because State-dispensed marijuana is not FDA-approved and cannot be federally prescribed, it does not meet the standard required to overturn a positive drug test result under 49 CFR Part 40. This is true even in States where marijuana is legal.

Your safety-sensitive employees are held to Federal standards

According to the Office of Drug and Alcohol Policy and Compliance and the Office of the General Counsel, marijuana use is not compatible with safety-sensitive functions. Employees in safety-sensitive roles are expected to comply with Federal DOT regulations regardless of what their State permits. As an employer, you have both the authority and the responsibility to enforce this standard.

The bottom line for your workforce

DEA rescheduling does not create exceptions to your DOT drug testing program. Federal rules remain in full effect. If an employee tests positive for marijuana, the result stands and your duty to maintain a drug-free safety-sensitive workforce remains unchanged.

Have questions about how this impacts your drug and alcohol testing program? We are here to help. Contact us today, 904-686-6456.