Do Medical Marijuana Laws Impact Safety-Sensitive Employers?

Many states have adopted medical marijuana laws, enabling cannabis users to shield from criminal prosecution when using marijuana for medical purposes. While some people use and cultivate this drug without fear of consequences, what do you do if you are an employer of DOT-mandated, safety-sensitive employees? Does the same law apply to your employees? Read on to find out more about DOT’s stance on medical marijuana and what to do if your employee fails a drug test.

All You Need to Know About Medical Marijuana Laws

The Department of Transportation (DOT) enacted laws that regulate the use of medical marijuana by safety-sensitive transportation employees. It oversees a drug and alcohol testing program that doesn’t validate medical marijuana to be a medical reason for any transportation employee’s positive drug test result.

The regulations prohibit Medical Review Officers from verifying a test to be negative based on a physician’s recommendation that the employee can use a Schedule I drug as defined by the DEA’s Controlled Substances Act. Because it appears on this list, the DEA maintains that marijuana has no accepted medical use but has a high potential for abuse.

Therefore, any DOT safety-sensitive employee subject to mandatory drug testing per DOT’s regulations shouldn’t use marijuana for either medical or recreational purposes. Additionally, should they fail the test based on medical marijuana, they must find and comply with a DOT SAP return-to-duty program in order to get back to work.

SAP Referral Services: Helping DOT Employers Navigate the Rules

The bottom line is that any safety-sensitive DOT-mandated employee who tests positive for medical marijuana needs the services of a Substance Abuse Professional (SAP). The SAP process entails a substance abuse evaluation and a return-to-duty program that includes recommendations for treatment or education, follow-up testing, and provisions for submitting a return-to-duty test.

If your employee failed or refused a DOT drug test, SAP Referral Services can help. We work with employers of all sizes helping them comply with federal drug and alcohol testing regulations. Click here to learn more!

SAP Referral Services (SRS) is the leading facilitator for mandated substance abuse evaluations. SRS maintains an extensive network of qualified providers in more than 3,000 locations nationwide for testing violations that originate from any of the DOT’s modes including FMCSA, FAA, FRA, FTA, USCG and PHMSA, or a company’s internal drug and alcohol testing policy.