In an updated Medical Marijuana Notice, the Department of Transportation (DOT) stated that the use of medical marijuana, pursuant to state law, does not constitute a legitimate medical reason for a positive drug test. The Notice makes it clear that marijuana remains illegal under federal law and DOT expects that Medical Review Officers (MROs) will treat its use as illegal. In addition, MROs will not verify a drug test as negative based upon information that a physician recommended that the employee use medical marijuana. As such, even when a non-DOT regulated employee tells the MRO that he or she is certified to use medicinal marijuana, the test results still will be certified as positive.

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