Skip to Content

Does the Legalization of Marijuana in Massachusetts Have an Effect on the Department of Transportation’s (DOT) Drug Testing Program?


Massachusetts will be passing initiatives to permit use of recreational marijuana taking effect on December 15th, 2016. Will this have an impact on the Department of Transportation’s (DOT) drug testing program?

The Department of Transportation has made it perfectly clear that the state’s initiative will have no bearing on the DOT’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.

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

Therefore, Medical Review Officers (MROs) will not verify a drug test as negative if an employee has used recreational marijuana because the state has passed the initiative.

Call ARCpoint Labs of Southboro-Framingham at (508)834-3760 to learn more about the DOT Drug Testing Program.

 Swart, Jim L. “DOT ‘Recreational’ Marijuana Notice.” Department of Transportation. N.p., 03 Dec. 2012. Web. 09 Nov. 2016.

ARCpoint Labs of Southborough - Framingham is proud to be a member of and/or support the following associations: