Marijuana Is Still a Positive in Safety-Sensitive Workplaces

The DEA moved marijuana from Schedule I to Schedule III — but if you manage DOT-regulated employees, nothing has changed on the drug test front. A positive is still a positive, and a state medical card still isn’t a get-out-of-jail-free card.

In a significant move under the Controlled Substances Act (CSA), the Drug Enforcement Administration issued an order reclassifying FDA-approved drug products derived from marijuana — and marijuana products regulated under a State medical marijuana license — from Schedule I to Schedule III.

For many non-regulated industries, this is a meaningful regulatory shift. For employers and employees operating under DOT’s Part 40 drug testing framework, the practical impact on a positive lab result is exactly zero.

Can a Medical Review Officer (MRO) deem a lab-confirmed marijuana positive as 'negative' if the employee claims it came from a state-licensed marijuana product? No. There is currently no instance in which an MRO can verify a laboratory-confirmed marijuana positive as 'negative' when an employee claims the positive was caused by a state-licensed marijuana product.

This applies even after rescheduling. State-dispensed marijuana does not constitute an FDA-approved drug. Without FDA approval, it cannot be lawfully prescribed under federal standards.

The standard for overturning a confirmed positive under Part 40 is a 'legitimate medical explanation' — a legally prescribed controlled substance used in compliance with all Federal laws governing that prescription. 49 CFR §§ 40.137(a); 40.141(b).

State-issued medical marijuana cards, physician certifications, and dispensary receipts do NOT satisfy Part 40's legitimate medical explanation requirement. Safety-sensitive job categories remain 100% drug-free environments.