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DOT Clarifies that State Marijuana Laws Do Not Impact DOT Regulations
Practical Law Legal Update 9-522-8263 (Approx. 4 pages)
DOT Clarifies that State Marijuana Laws Do Not Impact DOT Regulations
by PLC Labor & Employment
| Published on 03 Dec 2012 • USA (National/Federal) |
The Department of Transportation (DOT) issued a notice clarifying that recent state initiatives legalizing the recreational use of marijuana will not affect the DOT's regulated drug testing program.
On December 3, 2012, the Department of Transportation (DOT) issued a notice clarifying that recent state initiatives legalizing the recreational use of marijuana will not affect the DOT's regulated drug testing program, which prohibits marijuana use. The DOT stated that medical review officers will not verify drug tests as negative based on either:
- An employee's use of recreational marijuana, even in states that have passed recreational marijuana initiatives.
- A physician's recommendation that an employee use medical marijuana, even in states that have passed medical marijuana initiatives.
The DOT noted that marijuana continues to be listed in Schedule I of the Controlled Substances Act, and that it remains unacceptable for safety‐sensitive employees subject to drug testing under DOT regulations to use marijuana.
For issues to consider under the ADA when testing applicants or employees for drug and alcohol use, see Employee Drug and Alcohol Testing under the Americans with Disabilities Act Checklist. For information on state law requirements for drug testing, see Drug Testing Laws: State Q&A Tool.