As laws regarding marijuana have changed across the country, questions have arisen as to how this affects mariners. The U.S. Department of Transportation (DOT) still requires mariners to undergo drug and alcohol testing.
On May 15, 2026, the Office of Drug and Alcohol Policy and Compliance and the Office of the General Counsel of the DOT published on their website a new question and answer regarding drug and alcohol testing. It constitutes official guidance and interpretation concerning 49 Code of Federal Regulations (CFR) part 40.
The question: When reviewing a laboratory reported marijuana positive drug test result, can a medical review officer (MRO) deem the test a “negative” if the employee alleges the positive resulted from consuming a state-licensed marijuana product?
The short answer is NO. One of the key points made is that marijuana use is not compatible with safety-sensitive functions.
The question addresses the recent Drug Enforcement Administration (DEA) issued order that reclassified FDA-approved drug products derived from marijuana and marijuana products regulated by a state medical marijuana license from Schedule I to Schedule III drugs under the Controlled Substances Act (CSA).
PVA members are encouraged to review their drug testing policies and onboarding procedures to ensure that there are clear expectations of crew members in safety sensitive positions subject to DOT drug and alcohol testing requirements.
The full list of reasons is outlined in the official guidance and can be read here.