Marijuana Legalization Has No Impact on DOT Drug Testing Regulations
Marijuana is now legal in 11 states. 22 additional states have legalized marijuana for medical use only. With these recent changes in law, there has been some misunderstanding surrounding the regulation of marijuana use among commercial drivers. To clear up any confusion, the Department of Transportation Office of Drug and Alcohol Policy and Compliance released the following notices:
- State legalization has no impact on the Department of Transportation's regulated drug testing program. Commercial drivers are still forbidden from using marijuana, including in states where it has been legalized or decriminalized
- Medical Review Officers administering employee drug tests will not verify a test as negative even if the employee has a prescription for medical marijuana
- Hemp-derived Cannabidiol (CBD) products with a concentration of less than 0.3% THC is not classified as a Schedule 1 drug, and therefore does not require testing. However, the use of CBD products may lead to a positive drug test result, so employees should understand the risk before using
In short, while marijuana may be legal in the state a driver is operating in, it is still absolutely illegal to operate under the influence of marijuana--including for medical reasons.