44
FOGHORN
NEWSWIRE
A
s laws regarding marijuana 
have changed across the 
country, questions have aris-
en as to how this affects mariners. The 
U.S. Department of Transportation 
(DOT) still requires mariners to un-
dergo drug and alcohol testing.
On May 15, 2026, the Office of Drug 
and Alcohol Policy and Compliance 
and the Office of the General Coun-
sel 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 pos-
itive 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 de-
rived from marijuana and marijuana 
products regulated by a state medical 
marijuana license from Schedule I to 
Schedule III drugs under the Con-
trolled Substances Act (CSA).
PVA members are encouraged to re-
view 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 test-
ing requirements.
The full list of reasons is outlined in the 
official guidance and can be read here.
NEWSWIRE
Medical Marijuana Still Illegal for Individuals 
Subject to DOT Drug Testing
PHOTO: GOODMANPHOTO/STOCK.ADOBE.COM

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