We’ve had clients contact us with the recent passing of Amendment 64 here in Colorado, wanting to know how it will affect them in the workplace with employees.

Nothing in the amendment or in how you currently drug test should change. If you want to clarify your policy on recreational use of Marijuana, we would encourage you to do so.We would also encourage you to have your policy and procedures reviewed, updated and in place, with each employee given an updated copy of the policy. If you need help with this, Please contact us!

In the meantime, we wanted to pass on to you the most recent communication and direction we have received from the Department of Transportation on this issue.


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
Office of the Secretary of Transportation
Office of Drug and Alcohol Policy and Compliance
Department of Transportation
December 3, 2012

ODAPC Notice Recreational MJ.pdf