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The Department of Transportation’s Office of Drug and Alcohol Policy and Compliance published answers on May 15, 2026, regarding the rescheduling of certain medical marijuana products to Schedule III of the Controlled Substance Act (CSA) by the Department of Justice (DOJ).
By Order dated April 22, 2026, the DOJ immediately placed all FDA-approved marijuana products and marijuana products regulated by a state medical marijuana license in Schedule III of the CSA. DOT regulations require that covered employers test for marijuana and make testing positive for marijuana disqualifying. Since medical marijuana products were placed in Schedule III, questions have arisen as to how medical marijuana should be addressed for DOT-regulated employees.
As stated on the ODAPC website:
QUESTION:
Recently, the Drug Enforcement Administration (DEA) issued an order (Order) that reclassified FDA-approved drug products derived from marijuana and marijuana products regulated by a State medical marijuana license from Schedule I to Schedule III drugs under the Controlled Substances Act (CSA). When reviewing a laboratory reported marijuana positive drug test result, can a Medical Review Officer (MRO) deem the test a “negative” if the employee alleges the positive resulted from consuming a State licensed marijuana product?
ANSWER:
- No. Currently, there is no instance when the MRO could verify a laboratory-confirmed marijuana positive drug test result as “negative” when an employee claims the positive was caused by a State licensed marijuana product.
- Even after rescheduling, State-dispensed marijuana does not constitute an FDA-approved drug. Without FDA approval for a controlled substance, it cannot be prescribed.
- A “legitimate medical explanation” requires use of a legally prescribed controlled substance in compliance with Federal laws governing such a prescription. 49 CFR §§ 40.137(a); 40.141(b).
- Although the MRO may be presented with documentation such as State-issued medical marijuana cards, physician recommendations or certifications, or dispensary records or receipts, these documents do not satisfy part 40 requirements for a “legitimate medical explanation.”
- Marijuana use under State marijuana programs or other non-prescription sources do not qualify as a “legitimate medical explanation” under 49 CFR § 40.137(a). In addition, marijuana use is not compatible with safety-sensitive functions.
DOT-regulated employers should continue to test for marijuana in accordance with DOT drug and alcohol testing regulations. State-issued medical marijuana cards and licenses do not excuse positive marijuana drug test results. Please contact a Jackson Lewis attorney with any questions.
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