The Department of Transportation (DOT) has clarified its DOT medical cannabis policy, stating that federally regulated safety-sensitive workers, such as truck drivers, airline pilots, and other transportation industry personnel, cannot use state-licensed medical marijuana even after its reclassification from Schedule I to Schedule III of the Controlled Substances Act (CSA).
This clarification, issued in a new notice, emphasizes that “Marijuana use is not compatible with safety-sensitive functions,” according to a Marijuana Moment report. The agency’s guidance, from DOT’s Office of Drug and Alcohol Policy and Compliance and its Office of the General Counsel, states that while it does not have the force and effect of law, it is intended to provide clarity on existing requirements.
DOT’s Stance on Medical Cannabis Use
Medical Review Officers (MROs) are instructed that they cannot verify a positive drug test result for cannabis as “negative,” even if an employee claims the positive was caused by a state-licensed medical marijuana product. The DOT’s position is rooted in the lack of Food and Drug Administration (FDA) approval for cannabis as a controlled substance.
The agency stated, “Without FDA approval for a controlled substance, it cannot be prescribed.” Consequently, a “legitimate medical explanation” for drug use requires a legally prescribed controlled substance in compliance with federal laws governing such a prescription. Documentation such as state-issued medical marijuana cards, physician recommendations, or dispensary records do not satisfy these federal regulations.
This means that even with the federal reclassification of state-regulated medical cannabis to Schedule III, the DOT maintains that such use does not align with federal safety mandates for transportation workers. The drug testing rules cited by DOT apply to workers in aviation, trucking, railroads, mass transit, and pipeline industries.
Contrasting Federal Agency Responses
- Congressional Research Service: A report from the Congressional Research Service explained that certified patients who possess medical marijuana from state-licensed dispensaries now have certain protections under Schedule III. The report indicated that the reclassification appears to authorize end users to possess marijuana for medical use without a CSA-compliant prescription.
- Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF): The ATF has posted a draft update to a gun purchase form, acknowledging the federally legal status of medical marijuana under rescheduling. The revised section specifies that only “use or possession of marijuana for recreational purposes” is federally prohibited, omitting previous mentions of medical cannabis.
- U.S. Department of the Treasury and Internal Revenue Service (IRS): These departments plan to issue new tax guidance for the marijuana industry. This reform is expected to benefit state-licensed marijuana businesses by allowing them to take federal tax deductions previously barred under IRS Code 280E, which does not apply to Schedule III substances.
- Drug Enforcement Administration (DEA): The DEA has launched a registration process for state-legal marijuana businesses to take advantage of federal benefits associated with the reform. The DEA will also oversee a hearing to consider broader marijuana rescheduling beyond state-legal medical cannabis.
Historical Context and Ongoing Debate
The DOT’s consistent position on this matter predates the formal reclassification. In December, when an executive order directed the Department of Justice to complete the process of rescheduling cannabis, the transportation agency posted an advisory stating that all safety-sensitive workers must still comply with federal drug testing requirements. Former Transportation Secretary Pete Buttigieg also stated in 2024 that placing cannabis in Schedule III would not affect DOT’s drug testing policies for commercial truckers, noting that the department specifically lists marijuana as a substance to screen.
In March, the DOT further directed substance abuse professionals to disregard attempts to justify positive tests for THC due to a worker’s use of medical marijuana or hemp oil. Last year, the department proposed a new rule to update its drug testing guidelines, revising terminology around cannabis to harmonize with the U.S. Department of Health and Human Services (HHS) terminology.
While there is broad agreement that safety-sensitive workers should not perform their duties while impaired, legalization advocates frequently highlight that cannabis metabolites can remain in a person’s system for weeks after use and be detected on drug tests, even when no impairment is present. This aspect of drug testing continues to be a point of discussion in the broader context of medical cannabis reclassification and workplace policy.
Disclaimer: This article is for informational purposes only and does not constitute medical advice. Hemp Gazette does not provide medical recommendations, diagnoses, or treatment plans. Always consult a qualified healthcare practitioner before making any decisions regarding your health or any medical condition. Statements concerning the therapeutic uses of hemp, cannabis, or cannabinoid-derived products have not been evaluated by Australia’s Therapeutic Goods Administration (TGA). Medicinal cannabis products in Australia are accessed via prescription pathways under TGA regulation.
