CDME Module 9: Scheduled Drug Use and Alcoholism (2025)-DOT Office Of Drug and Alcohol Policy and Compliance Notice

DOT Office Of Drug and Alcohol Policy and Compliance Notice – Medical Marijuana

Pdf Summary

The Department of Transportation (DOT) has issued a notice clarifying that recent Department of Justice (DOJ) guidelines concerning medical marijuana will not affect the DOT’s drug testing program for safety-sensitive transportation employees. This includes roles such as pilots, truck drivers, train engineers, and other personnel involved in transportation operations. Despite some states enacting laws allowing medical marijuana, the DOT will maintain its current regulations, which do not recognize "medical marijuana" as a valid medical explanation for a positive drug test result under its Drug and Alcohol Testing Regulation, 49 CFR Part 40.<br /><br />According to section 40.151(e) of this regulation, Medical Review Officers are prohibited from verifying a drug test as negative based on a physician's recommendation for using Schedule I drugs, which includes marijuana, even if permitted under state laws. This decision emphasizes that marijuana remains classified as a Schedule I substance under the Controlled Substances Act, making its use unacceptable for those in safety-sensitive roles who are subject to DOT drug testing regulations.<br /><br />Jim L. Swart, Director of the Office of Drug and Alcohol Policy and Compliance, assures that the DOT is committed to ensuring the highest level of safety within the transportation system. The policy underscores the importance of maintaining strict drug use standards to safeguard the public and ensure the reliability and safety of transportation operations. The notice was issued on October 22, 2009, to reaffirm the DOT's stance and address inquiries from various sources regarding the implications of DOJ’s guidelines on the transportation sector.

Keywords

Department of Transportation

DOT

drug testing program

safety-sensitive employees

medical marijuana

49 CFR Part 40

Schedule I drugs

Controlled Substances Act

Jim L. Swart

transportation safety