(e.g., under a state law that purports to authorize such recommendations, such as the “medical marijuana” laws that some states have adopted.) (e) You must not verify a test negative based on information that a physician recommended that the employee use a drug listed in Schedule I of the Controlled Substances Act. § 40.151 What are MROs prohibited from doing as part of the verification process?Īs an MRO, you are prohibited from doing the following as part of the verification process: 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. We will not change our regulated drug testing program based upon these guidelines to Federal prosecutors. 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 have had several inquiries about whether the DOJ advice to Federal prosecutors regarding pursuing criminal cases will have an impact upon the Department of Transportation’s longstanding regulation about the use of marijuana by safety‐sensitive transportation employees – pilots, school bus drivers, truck drivers, train engineers, subway operators, aircraft maintenance personnel, transit fire‐armed security personnel, ship captains, and pipeline emergency response personnel, among others. Recently, the Department of Justice (DOJ) issued guidelines for Federal prosecutors in states that have enacted laws authorizing the use of “medical marijuana.” Part 40 Federal Register Notices, Court Decisions, LegislationĭOT Office of Drug and Alcohol Policy and Compliance Notice.Substance Abuse Professional Guidelines.DOT Agency / USCG Information & Regulations.49 CFR Part 40 (Drug and Alcohol Regulations).Breath Alcohol & Screening Test Technicians and Approved Devices.
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