‘Medical marijuana’ guidelines don’t impact DOT drug testing

| Thursday, October 22, 2009

The recent guidelines issued by the Department of Justice regarding the use of “medical marijuana” will not change the rules facing truck drivers on drug use.

The Department of Transportation, as a result of several inquiries, issued a “Drug and Alcohol Policy and Compliance Notice” on Oct. 22, that clearly states that the DOJ’s guidelines do not impact the DOT’s drug testing program.

“We want to make it perfectly clear that the DOJ guidelines will have no bearing on the Department of Transportation’s regulated drug testing program. We will not change our regulated drug testing program based upon these guidelines to Federal prosecutors,” Jim L. Swart, director of the DOT’s Office of Drug and Alcohol Policy and Compliance, wrote in the compliance notice.

“The Department of Transportation’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.”

 

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