Wait and see on THC for DOT: Status quo for now

DOT considerations

Any changes to marijuana classification on the Drug Enforcement Administration’s (DEA) scheduling won’t have an immediate impact on DOT testing procedures, even when updated in DEA’s regulations.

Changes to DOT lab procedures and instructions to medical review officers (MROs) can only occur when the U.S. DOT revises 49 CFR Part 40, Procedures For Transportation Workplace Drug And Alcohol Testing Programs. Part 40 applies to highway, air, rail, transit, maritime, and pipeline employers.

However, U.S. DOT can only initiate rulemaking changes to Part 40 after a chain of events occurs.

First, the Health and Human Services (HHS) must propose changes and then revise its Mandatory Guidelines for Federal Workplace Drug Testing Programs. This document defines analytes, cutoffs, specimen validity criteria, laboratory, and MRO processes. By watching HHS activity, you can anticipate DOT changes.

Once HHS finalizes its document, DOT has the green light to publish proposed changes to Part 40 to align with the Mandatory Guidelines. The DOT must adopt the HHS scientific standards and procedures into 49 CFR Part 40 to be used by DOT employers. DOT does not create its own scientific testing standards.

Lastly, before any implementation can occur, DOT must publish a final rule amending the DOT testing panel, lab procedures, and MRO instructions relating to marijuana.

Key to remember: Even though DEA is moving forward with its proposed reclassification of marijuana, how or even if it will impact DOT drug testing is yet to be determined.