06/10/2026
If you are following the regulation changes related to the rescheduling of ma*****na products from Schedule I to Schedule III, here is a Q&A from DOT:
§§ 40.137, 40.141, 40.151 05/26
QUESTION:
Recently, the Drug Enforcement Administration (DEA) issued an order (Order) that reclassified FDA approved drug products derived from ma*****na and ma*****na products regulated by a State medical ma*****na license from Schedule I to Schedule III drugs under the Controlled Substances Act (CSA). When reviewing a laboratory reported ma*****na positive drug test result, can a Medical Review
Officer (MRO) deem the test a “negative” if the employee alleges the positive resulted from consuming a State licensed ma*****na product?
ANSWER:
• No. Currently, there is no instance when the MRO could verify a laboratory-confirmed ma*****na positive drug test result as “negative” when an employee claims the positive was caused by a State licensed ma*****na product.
• Even after rescheduling, State-dispensed ma*****na does not constitute an FDA-approved drug. Without FDA approval for a controlled substance, it cannot be prescribed.
• A “legitimate medical explanation” requires use of a legally prescribed controlled substance in compliance with Federal laws governing such a prescription. 49 CFR §§ 40.137(a); 40.141(b).
• Although the MRO may be presented with documentation such as State-issued medical ma*****na cards, physician recommendations or certifications, or dispensary records or receipts, these documents do not satisfy part 40 requirements for a “legitimate medical explanation.”
• Ma*****na use under State ma*****na programs or other non-prescription sources do not qualify as a “legitimate medical explanation” under 49 CFR § 40.137(a). In addition, ma*****na use is not compatible with safety-sensitive functions