DOT Confirms Marijuana Ban Stands for Safety-Sensitive Workers Despite Federal Rescheduling
According to Safety+Health Magazine, the Department of Transportation issued a notice on May 15 clarifying that truck drivers and other safety-sensitive transportation workers remain prohibited from using marijuana, even as federal drug policy shifts.
Federal Rescheduling Does Not Change the Rules
The DOT notice, issued by the Office of Drug and Alcohol Policy and Compliance and the agency’s general counsel, states plainly that “marijuana use is not compatible with safety-sensitive functions.” The clarification came in response to a Drug Enforcement Administration final rule, issued April 28, that reclassified marijuana from Schedule I to Schedule III under the Controlled Substances Act of 1970, reducing federal restrictions on state-regulated medical cannabis.
Despite that reclassification, DOT says state-dispensed marijuana is not considered an approved substance by the Food and Drug Administration. The department also addressed workers who present documentation to a medical review officer, such as a state-issued medical marijuana card or a physician recommendation. According to DOT, those documents “do not qualify as a ‘legitimate medical explanation’” under its regulations. The agency adds there is currently “no instance” where a medical review officer could verify a confirmed positive marijuana test result as negative based on a worker’s claim that a state-licensed product caused it.
What It Means for Subcontractors
Field service companies operating in transportation, pipeline, oilfield services, and construction with DOT-regulated workers need to act on this now:
- A positive marijuana test is still a positive test. No medical marijuana card, doctor’s note, or state dispensary receipt changes that outcome under DOT rules. This applies regardless of whether the worker is in a state that has legalized medical or recreational cannabis.
- Review your drug and alcohol policy documents to ensure they reflect current DOT standards and do not inadvertently suggest medical marijuana is a permitted exception.
- Train supervisors and safety leads on this update. With more states legalizing medical cannabis, workers may assume rescheduling changed the rules on jobsites. It has not.
- Subcontractors working under DOT-regulated prime contractors should expect the same zero-tolerance requirements to flow down through contract language and pre-qualification requirements. Do not wait for the next contract cycle to review your policies.
