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U.S. DOT clarifies that medical marijuana is not an excuse in regulated drug testing

The U.S. Department of Transportation (DOT) recently reminded agencies that using medical cannabis with a doctor’s recommendation in accordance with state law is no excuse for failing a drug test.

“Marijuana is a Schedule I drug and, therefore, regardless of the prescribing physician’s intent, it cannot be the basis of a legitimate medical explanation,” the new filing says. “Consistent with longstanding DOT regulatory language and guidance … [Medical review officers] must not treat medical marijuana authorizations under state law as providing a legitimate medical explanation for a DOT drug test that is positive for marijuana.”

The newly clarified rule is set to take effect on Jan. 1, 2018.

The final rule along with the DOT’s commentary is available here.

Source: The Federal Register, 11/13/2017

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