AUGUST 2017 • FOGHORN 15 FOGHORNFOCUS: SAFETY uploads/2017/05/wsj-marijuana- chart.jpg  However, despite the current trend of legalizing marijuana on the state level, it is imperative to remind your vessel employees that marijuana remains illegal federally, and when federal and state laws conflict, federal law wins. Under the Controlled Substances Act, the federal govern- ment still classifies marijuana as a Schedule 1 drug, which are drugs with no currently accepted medical use and a high potential for abuse. So, a positive test result for marijuana is still a basis for a mariner’s license revocation, and a medical review officer (MRO) operating pursuant to a DOT-regulated program cannot certify a test result as negative based on a medical marijuana prescription. But if marijuana is still illegal federally, why are federal authori- ties not raiding and shutting down marijuana dispensaries in Colorado, Washington, and elsewhere? The Department of Justice (DOJ) clarified this situation in a 2009 memo from the Deputy Attorney General to all United States Attorneys, providing federal prosecutors with guidance regarding the department’s core enforcement pri- orities, the use of limited resources, and the exercise of prosecutorial discretion, directing that “As a general matter, pursuit of these priorities should not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana.” It is still an open question whether this level of federal restraint will continue under President Trump’s administration. The increased drug use reflected in the findings of Quest’s annual DTI coincide with a trend towards more permissive state laws and an overall increase in the availability of marijuana. This indicates that now, more than ever, for both safety and compliance reasons, it is crucial for employers to maintain a robust drug and alcohol testing program. n About the Author Lee Seham, Esq. is the General Counsel of PVA member American Maritime Safety, Inc., White Plains, NY, and a partner in the New York law firm of Seham, Seham, Meltz & Petersen, LLP. He is a recipient of the David Clark Excellence in Editorial Award for FOGHORN contributions, and has presented at the PVA Annual Convention at MariTrends. AMS offers USCG-compliant drug and alcohol testing programs and training programs for responsible alcohol service.