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MEDICAL-MARIJUANA
DOT OFFICE OF DRUG AND ALCOHOL POLICY AND COMPLIANCE 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.
Recently, the Department of Justice (DOJ) issued guidelines for Federal prosecutors in states that have enacted laws
authorizing the use of “medical marijuana.” http://www.justice.gov/opa/documents/medical-marijuana.pdf.
We have had several inquiries about whether the DOJ advice to Federal prosecutors regarding pursuing criminal
cases will have an impact upon the Department of Transportation’s longstanding regulation about the use of marijuana
by safety-sensitive transportation employees – pilots, school bus drivers, truck drivers, train engineers, subway
operators, aircraft maintenance personnel, transit fire-armed security personnel, ship captains, and pipeline
emergency response personnel, among others.
We want to make it perfectly clear that the DOJ guidelines will have no bearing on the Department of Transportation’s
regulated drug testing program. We will not change our regulated drug testing program based upon these guidelines
to Federal prosecutors.
That section 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
recommendations, such as the “medical marijuana” laws that some states have adopted.)
Therefore, Medical Review Officers will not verify a drug test as negative based upon information that a physician
recommended that the employee use “medical marijuana.” Please note that marijuana remains a drug listed in
Schedule I of the Controlled Substances Act. It remains unacceptable for any safety-sensitive employee subject to
drug testing under the Department of Transportation’s drug testing regulations to use marijuana.
We want to assure the traveling public that our transportation system is the safest it can possibly be.
Jim L. Swart
Director
Office of the Secretary of Transportation
Office of Drug and Alcohol
Policy and Compliance
Department of Transportation
October 22, 2009
DOT OFFICE OF DRUG AND ALCOHOL POLICY AND COMPLIANCE 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.
Recently, the Department of Justice (DOJ) issued guidelines for Federal prosecutors in states that have enacted laws
authorizing the use of “medical marijuana.” http://www.justice.gov/opa/documents/medical-marijuana.pdf.
We have had several inquiries about whether the DOJ advice to Federal prosecutors regarding pursuing criminal
cases will have an impact upon the Department of Transportation’s longstanding regulation about the use of marijuana
by safety-sensitive transportation employees – pilots, school bus drivers, truck drivers, train engineers, subway
operators, aircraft maintenance personnel, transit fire-armed security personnel, ship captains, and pipeline
emergency response personnel, among others.
We want to make it perfectly clear that the DOJ guidelines will have no bearing on the Department of Transportation’s
regulated drug testing program. We will not change our regulated drug testing program based upon these guidelines
to Federal prosecutors.
That section 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
recommendations, such as the “medical marijuana” laws that some states have adopted.)
Therefore, Medical Review Officers will not verify a drug test as negative based upon information that a physician
recommended that the employee use “medical marijuana.” Please note that marijuana remains a drug listed in
Schedule I of the Controlled Substances Act. It remains unacceptable for any safety-sensitive employee subject to
drug testing under the Department of Transportation’s drug testing regulations to use marijuana.
We want to assure the traveling public that our transportation system is the safest it can possibly be.
Jim L. Swart
Director
Office of the Secretary of Transportation
Office of Drug and Alcohol
Policy and Compliance
Department of Transportation
October 22, 2009
===========================UPDATE============================
| See Important D.O.T. Updates at Bottom of Page |
| How the SAP Process Works The process works like this: · Evaluation. You meet with a SAP who conducts an evaluation. The evaluation process takes approximately 2 hours to complete. Several evaluative instruments are administered. · Determination. The SAP determines if you need assistance with the alcohol misuse or illegal drug problem. The SAP must provide appropriate documentation to that person who is your company's designated employer representative (DER) to the Department of Transportation (DOT). · Education or treatment referral. The SAP will refer you to the appropriate education or treatment services based upon the needs identified in your evaluation. At a minimum, the SAP or SAP must recommend substance abuse education. If necessary, you will receive a referral to two facilities that provide the services you are required to complete. · Return-to-duty evaluation: The SAP will conduct follow-up evaluation to determine if you have complied with the recommendations for treatment or education that you were given when you first evaluation. · Follow-up testing. The SAP will develope a follow-up testing schedule. The SAP may recommend drug and alcohol testing for those employees who have problems of abuse of more than one substance. You are required to complete at least six tests in the first year upon your return to safety sensitive duty on your job. The SAP will recommend continuation of testing up to sixty months. The SAP may also recommend a "continuing care" regimen (aftercare, meeting with your 12-Step sponsor, 12-Step meetings, etc). |