Bituminous Insurance Companies
Release Date: December 31, 2009
The Department of Transportation (DOT) issued the following guideline to resolve confusion regarding the use of "medical marijuana" by drivers holding a CDL and operating a Commercial Vehicle in interstate commerce.
DOT requires that drivers who operate a commercial motor vehicle (CMV) in commerce, in any state, and are subject to the FMCSA's commercial driver's license (CDL) requirements, the Licencia Federal de Conductor (Mexico) requirements, or the CDL requirements of the Canadian National Safety Code, be tested for prohibited use of drugs listed in Schedule I of the Controlled Substances Act. Marijuana remains a drug listed in Schedule I of the Controlled Substances Act.
DOT'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. That section states:
"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 (MROs) will not verify a drug test as negative based upon information that a physician recommended that the employee use "medical marijuana." It remains unacceptable for any safety-sensitive employee, subject to drug testing under the DOT's drug testing regulations, to use marijuana.
COPYRIGHT ©2009, ISO Services Properties, Inc.
The information contained in this publication was obtained from sources believed to be reliable. ISO Services Properties, Inc., its companies and employees make no guarantee of results and assume no liability in connection with either the information herein contained or the safety suggestions herein made. Moreover, it cannot be assumed that every acceptable safety procedure is contained herein or that abnormal or unusual circumstances may not warrant or require further or additional procedure.