• While many states now allow the medical or personal recreational use of marijuana, this does not apply to commercial drivers.

When the use of medical marijuana became legal in several states, the Department of Transportation (DOT) Office of Drug and Alcohol Policy and Compliance (ODAPC), the DOT agency that oversees the drug and alcohol testing regulations for all DOT agencies, issued a policy statement dated October 22, 2009. In this statement of policy, the ODAPC stated that Medical Review Officers (MROs) could not verify a drug test with positive lab results as “negative” based upon information that a physician prescribed “medical marijuana” to the driver.

With the addition of recreational use in some states, the ODAPC issued another policy statement clarifying that the use of marijuana by commercial drivers in states that allow medical or recreational use is still not allowed. The notice states that the state initiatives will have no bearing on the DOT’s regulated drug testing program. The DOT’s drug and alcohol testing regulations located in 49 CFR Part 40 do not allow the use of Schedule I drugs, including marijuana, for any reason. Currently, marijuana is still listed as a Schedule I drug at the federal level. As such, it cannot be used by anyone covered by the DOT drug and alcohol testing regulations.

DOT sets record straight on marijuana reclassification

An executive order in December 2025, followed by an order from the Justice Department in April 2026, brought about the reclassification of medical marijuana. Products containing marijuana approved by the Food and Drug Administration (FDA) and marijuana products regulated by a state medical marijuana law were moved from Schedule I to Schedule III of the Controlled Substances Act (CSA). This action did not reclassify recreational marijuana.

ODAPC realized this recent activity surrounding marijuana’s status created confusion for DOT-regulated employers and employees. As a result, ODAPC offered guidance that clarifies there is no “legitimate medical explanation” for a drug test that was reported to the medical review officer (MRO) as positive for marijuana. MROs can’t change the result from positive to negative on a Part 40 drug test.

To understand the ODAPC guidance, you need to look at what constitutes a legitimate medical explanation. A legitimate medical explanation requires use of a legally prescribed controlled substance within the scope of federal laws governing prescriptions. Even after rescheduling, state-dispensed marijuana is not an FDA-approved drug. FDA approval is required for a substance to be legally prescribed.

The guidance explains that state-issued medical marijuana cards, physician recommendations or certifications, or dispensary records or receipts don’t satisfy Part 40 requirements for a legitimate medical explanation. ODAPC indicated, “In addition, marijuana use is not compatible with safety-sensitive functions.”

Drivers and CBD products

Use of cannabidiol (CBD) oil may result in a positive drug test, if the driver uses CBD oil that is not THC-free. Since the positive lab result is tied to a drug that is not allowed at the federal level, the MRO will have no option but to verify the results as positive under the guidance provided.

An underlying issue here is that the purity and testing methods used for CBD oil are not up to pharmaceutical standards. While the container may say THC-free, the truth is that it may not be. It’s to a carrier’s benefit to ensure its drivers understand that they may still be risking their livelihood by using CBD oil.

Intrastate CDL drivers

The federal drug and alcohol testing regulations apply to all CDL drivers, interstate or intrastate. Therefore, the situation does not change if the driver is an intrastate driver.