Commercial drivers and other safety-sensitive transportation workers will remain subject to penalties if they use state-legal medical marijuana, according to updated guidance from the Department of Transportation (DOT).
The clarification, issued in a memorandum dated May 26, confirms that federal drug testing rules have not shifted, even after the Department of Justice moved to reclassify state-approved medical marijuana.
The memo stresses that cannabis obtained through state medical programs or other non-prescription channels cannot be considered a valid medical justification under federal testing standards. It points to 49 CFR § 40.137(a), which defines what qualifies as a legitimate medical explanation in workplace drug testing.
According to the guidance, only a substance that is legally prescribed in line with federal law can meet that threshold. Since marijuana remains unapproved by the FDA, it is excluded from that category even after the recent rescheduling.
The document further notes that while medical review officers may receive documentation such as state-issued medical marijuana cards or physician recommendations, it does not satisfy federal requirements for a legitimate medical explanation under existing rules.
This position aligns with earlier statements from federal transportation leadership. During a prior testimony before Congress, the then-Transportation Secretary noted that the reclassification of cannabis would not meaningfully affect workplace drug testing rules for regulated transportation employees.
He explained that federal regulations established in the late 1980s continue to require cannabis screening for safety-sensitive roles, regardless of how the drug is scheduled under federal law.
The federal testing framework covers roughly six million private-sector workers in transportation roles considered safety-sensitive. The standard urinalysis does not detect active intoxication but instead identifies a cannabis metabolite that can remain in the body long after use. This compound, known as carboxy-THC, may be detectable for weeks or even months, even though the psychoactive effects of cannabis typically last only a few hours.
Research published in Drug and Alcohol Dependence Reports earlier this year found no measurable difference in next-day cognitive performance between cannabis users and non-users.
Industry data shows that more than 139,000 truck drivers have tested positive for past marijuana exposure in recent years, a figure that exceeds combined positives for all other tested substances. Many of those drivers did not return to the industry afterward, contributing to ongoing labor shortages and supply chain pressures in freight transportation.
Critics of the policy argue that the system is outdated and not aligned with current science or state laws. According to an American Transportation Research Institute survey, 62% of motor carrier representatives believe federal drug testing regulations should be updated in response to the growing number of states legalizing cannabis use.
While the DOT introduced a rule in 2023 allowing commercial drivers to choose oral fluid testing as an alternative to urine testing, that option has not yet been implemented. Advocacy groups such as NORML continue to push for testing methods that measure impairment more directly, including performance-based tools like DRUID and AlertMeter, arguing they would provide a more accurate assessment of on-the-job safety risk.
Marijuana industry firms like Aurora Cannabis Inc. (NASDAQ: ACB) (TSX: ACB) will continue to hope that federal testing guidance evolves to be in line with the reality on the ground in which a large section of employees live in areas with legal marijuana in some capacity.
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