Marijuana has been reclassified from a Schedule I to a Schedule III substance. Now, many DOT-regulated employers are asking the same question: Does this change anything for DOT drug testing?
The short answer is no, not from a DOT compliance standpoint.
If you employ CDL drivers or other safety-sensitive workers regulated by the DOT, marijuana is still a prohibited substance, and your responsibilities as an employer have not changed. But there’s a little more to it than that, especially as the confusion around marijuana use continues to grow.
What does the marijuana reclassification change?
The federal government now recognizes some accepted medical marijuana use with lower risk; however, marijuana is still not federally legal. All DOT-regulated employers must still include marijuana on their drug testing panels and follow all federal testing requirements.
A positive THC test is still a violation, which means the employee must be removed from safety-sensitive duties immediately, the violation must be reported to the Drug and Alcohol Clearinghouse, and the employee cannot return to work until completing the DOT return-to-duty process. There are no exceptions to this based on state laws or prescribed medical use.
How DOT-Regulated Employers Should Handle the Marijuana Rescheduling
As marijuana laws continue to evolve, many current CDL drivers and applicants may assume marijuana use is now acceptable. That is not the case for DOT-regulated roles, but that misunderstanding can lead to more positive drug tests and Clearinghouse violations. For employers, this can quickly turn into a compliance and hiring challenge.
Your employees need to know that marijuana is still prohibited under DOT regulations, and that message needs to be reinforced regularly, especially as laws continue to change.
Now is a good time to review your drug and alcohol testing policy to ensure it reflects current federal requirements. You should continue pre-employment testing, random testing, and running queries in the FMCSA Drug and Alcohol Clearinghouse to catch issues early and maintain your compliance.
Foley Simplifies Complex DOT Drug Testing Requirements
Keeping up with ever-changing marijuana laws while maintaining DOT compliance isn't easy, but Foley helps employers manage their DOT drug and alcohol testing programs, including Clearinghouse queries, testing compliance, and policy support. We stay on top of regulatory changes so you don't have to, and we help ensure your testing program meets the latest federal requirements.
If you're not sure whether your current drug testing program is compliant, or if you're seeing an increase in positive test results, it may be the perfect time to take a closer look.
See how Foley helps you manage your drug and alcohol compliance programs all in one place.
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