USDOT memo confirms that CDL drivers still can’t use marijuana after rescheduling

Transportation officials confirmed that safety-sensitive transportation workers, including truck drivers, should steer clear of marijuana despite federal action to reschedule it as a less-dangerous drug.

On April 23, 2026, the Justice Department and the Drug Enforcement Administration (DEA) moved FDA-approved products containing marijuana and marijuana products regulated by a state medical marijuana license from Schedule I to Schedule III of the Controlled Substances Act.

The rescheduling of marijuana does not legalize it at a federal level.

Further, the rescheduling did not have any impact on regulations that prohibit marijuana for safety-sensitive workers in the federally regulated transportation industry (49 CFR Part 40).

USDOT Memo Confirms Marijuana Is Still Prohibited For Truckers

In a memo released this month, the U.S. Department of Transportation (USDOT) issued new guidance confirming that the rescheduling of certain marijuana products does not change anything with respect to drug testing for safety-sensitive transportation workers, including pilots, bus drivers, and commercial truck drivers.

“Marijuana use is not compatible with safety-sensitive functions,” USDOT said.

The memo specifically delves into the question of whether a Medical Review Officer (MRO) is allowed to deem a drug test a “negative” if the employee alleges the positive resulted from consuming a State licensed marijuana product.

“No. Currently, there is no instance when the MRO could verify a laboratory-confirmed marijuana positive drug test result as “negative” when an employee claims the positive was caused by a State licensed marijuana product. Even after rescheduling, State-dispensed marijuana does not constitute an FDA-approved drug.  Without FDA approval for a controlled substance, it cannot be prescribed,” USDOT wrote.

USDOT notes that even if an MRO is presented with documentation such as State-issued medical marijuana cards, physician recommendations or certifications, or dispensary records or receipts, these documents do not satisfy the requirements for a “legitimate medical explanation.”

“Marijuana use under State marijuana programs or other non-prescription sources do not qualify as a “legitimate medical explanation” under 49 CFR § 40.137(a),” the memo reads.