The U.S. Department of Transportation will continue its no tolerance stand on marijuana for medical purposes or otherwise, despite new federal guidelines for prosecutors in states allowing “medical marijuana.”
On Oct. 22, the DOT said it had received inquiries over whether the new Department of Justice guidelines would influence the transportation department’s regulated drug testing program.
The transportation department’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
The DOT said medical review officers will not verify a drug test as negative even if a physician recommended the employee use “medical marijuana.”
The compliance notice may be read
"Until a formal regulation is established with clear guidelines and borders ...