[PRCo] F.Y.I. U.S. DOT Memorandum Issued After This Past Election Day

[Herb Brannon]

Just For You Information. Since we deal with a lot of public transit issues
here on The List, I figured this might be of interest. The changing
demographics of the United States and the changing attitudes of it's
citizens prompted the U. S. Department of Transportation to issue the
following memorandum:::::
*DOT OFFICE OF DRUG AND ALCOHOL POLICY AND COMPLIANCE NOTICE*

* *





Recently, some states passed initiatives to permit use of marijuana for
so-called “recreational” purposes.



We have had several inquiries about whether these state initiatives will
have an impact upon the Department of Transportation’s longstanding
regulation about the use of marijuana by safety‐sensitive transportation
employees – pilots, school bus drivers, truck drivers, train engineers,
subway operators, aircraft maintenance personnel, transit fire‐armed
security personnel, ship captains, and pipeline emergency response
personnel, among others.



We want to make it perfectly clear that the state initiatives will have no
bearing on the Department of Transportation’s regulated drug testing
program. The Department of Transportation’s Drug and Alcohol Testing
Regulation – 49 CFR Part 40 – does not authorize the use of Schedule I
drugs, including marijuana, for any reason.



Therefore, Medical Review Officers (MROs) will *not* verify a drug test as
negative based upon learning that the employee used “recreational
marijuana” when states have passed “recreational marijuana” initiatives.



We also firmly reiterate that an MRO will not verify a drug test negative
based upon information that a physician recommended that the employee use
“medical marijuana” when states have passed “medical marijuana”
initiatives.



It is important to note that marijuana remains a drug listed in Schedule I
of the Controlled Substances Act. It remains unacceptable for any
safety‐sensitive employee subject to drug testing under the Department of
Transportation’s drug testing regulations to use marijuana.



We want to assure the traveling public that our transportation system is
the safest it can possibly be.



Jim L. Swart

Director

Office of the Secretary of Transportation

Office of Drug and Alcohol Policy and Compliance

Department of Transportation

December 3, 2012

   - ODAPC Notice Recreational
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-- 
Herb Brannon
In Cuyahoga Valley National Park