Legalization of Recreational Cannabis: What It Means for DOT Employees

As the legalization of recreational cannabis continues to expand across the United States, employees in safety-sensitive positions regulated by the Department of Transportation (DOT) must navigate a rapidly changing landscape. Despite increasing access and shifting public perception, DOT’s stance on THC use remains firm. This blog breaks down what cannabis legalization means for DOT employees, the impact of rescheduling efforts, and why THC testing is here to stay.

Increased Access, Increased Risk

More than half of U.S. states have legalized adult recreational use of cannabis, reflecting major shifts in how the public views marijuana. For DOT-regulated employees, however, this trend introduces new challenges.

1. Daily cannabis use has now surpassed daily alcohol use, according to 2022 data.
2. With legalization, environments where cannabis is used are becoming more common, increasing the chance of exposure—especially through edibles or cannabis-infused products.

Important Reminder: Accidental ingestion is not considered a valid excuse for a positive THC test. Medical Review Officers (MROs) will not verify a test as negative based on claims of unintentional consumption. The same goes for CBD products that may contain trace amounts of THC.

What About Rescheduling Cannabis?

There’s growing discussion about rescheduling marijuana under the Controlled Substances Act—from Schedule I (no accepted medical use) to Schedule III (recognized medical use, lower abuse potential).

1. DOT has clarified that rescheduling marijuana will not impact DOT drug testing rules.
2. Regardless of how cannabis is scheduled federally, THC will continue to be treated as a banned substance for employees in safety-sensitive roles.

The Safety Carve-Out

To prepare for any federal changes, DOT is developing a "safety carve-out" that ensures THC testing remains mandatory in DOT-regulated roles, even if cannabis laws evolve.

Why this matters:

1. THC is a psychoactive substance that can impair motor skills, decision-making, and coordination—critical abilities for drivers, pilots, and other safety-sensitive professionals.
2. The carve-out is expected to receive congressional support, preserving DOT’s ability to maintain strict THC testing requirements.

What This Means for DOT Employees

1. Cannabis use is still prohibited. Even if legal in your state, marijuana remains a banned substance under DOT regulations.
2. THC is a rule violation. Any positive result—regardless of where or how cannabis was consumed—will be treated as a DOT drug testing violation.
3. Don’t rely on rescheduling. Even if cannabis is moved to Schedule III, DOT rules around testing and discipline will not change.
4. Exposure is not an excuse. Being around cannabis users, eating infused products unknowingly, or using CBD are not accepted defenses under DOT policy.

Final Thoughts: DOT’s Unchanging Position

While public sentiment around cannabis continues to shift, DOT’s responsibility to uphold safety across national transportation systems has not. THC will remain a tested and prohibited substance for all employees in safety-sensitive roles.

For both employees and employers, the key is education and compliance. DOT-regulated workers must remain vigilant and informed, and employers should provide clear policies and regular training to ensure everyone understands the risks and regulations tied to cannabis use.

If your organization needs help updating its drug testing policies or educating your team about the impact of legalization, get in touch—we’re here to help.