The U.S. Department of Transportation has finalized a new rule that amends its drug testing policies. This could have significant consequences for truckers and commercial drivers who use marijuana on the job, as well as pilots, transit workers, and other federally regulated employees.
The Department of Justice published an announcement in the Federal Register, on Tuesday, stating that the rule-making process was completed for the new policy, which allows oral saliva testing to be used as an alternative urine-based test.
Advocates and experts view as urine tests as problematic in part because THC metabolites can show up for weeks or months after consumption–resulting in false positive results for people who are not actually impaired on the job.
It is considered invasive to force workers to urinate into a collection jar. In response, DOT suggested last year that oral saliva testing be added as a second option.
After a period of public comments, the Department finalized its rule on oral saliva testing, which will go into effect on June 1st.
DOT stated that allowing employers to use oral liquid testing could improve the effectiveness and efficiency of drug tests. Oral fluid testing can detect recent drug use, such as marijuana and cocaine. Urine drug testing, on the other hand, has a wider detection window.
The agency stated that it had received comments from both inside and outside the scope of its request, urging DOT not to test drivers for marijuana at all. It said, however, that “it’s important to remember that DOT-regulated tests began in 1988 as a result of marijuana-related accidents in the 1980s.”
The oral test for THC can also protect people who use cannabis casually from being penalized if they consume it weeks before a urine testing. According to the DOT, THC can be detected in saliva from 1 to 24 hours following use depending on how often it is used.
The finalized DOT rule establishes a screening test cutoff of 4 nanograms per milliliter for THC. It stated in its previous notice that this “would detect the use of marijuana, while eliminating possible positive tests resulting passive exposure.”
This policy is based upon research conducted by the U.S. Department of Health and Human Services.
The proposed update to the handbook is intended to inform medical examiners when they conduct physical exams on commercial drivers whose jobs involve interstate travel.
The handbook will also provide information on cannabis policy and compliance rules and direct examiners towards an earlier DOT notification stating that the department requires testing for marijuana, not CBD.
The Federal Transit Administration’s (FTA) newsletter published last year included two sections on cannabis issues . One reminded employees they were prohibited from using marijuana, and the other warned that CBD products are unregulated and may contain THC that can be detected in a drug-test.
Earl Blumenauer, a Democratic Representative from Oregon, wrote to Transportation Secretary Pete Buttigieg in a letter last year. He argued that the DOT’s cannabis testing policies are costing jobs to people unnecessarily and contributing to supply-chain issues. He called for a review of the guidelines and administrative reform.
Wells Fargo’s top analyst stated last year that the federal criminalization of marijuana and its resulting drug-testing mandates persist even though more states legalize it.
In response to these points, DOT statistics released in January revealed that thousands of commercial drivers had tested positive as part of federally required screenings. A significant number of these truckers have refused to return to their jobs, contributing to the labor shortage.
Marijuana Moment tracks more than 1,000 cannabis and drug policy bills that have been introduced in state legislatures, and Congress. Patreon supporters who pledge at least $25/month gain access to our interactive charts, maps and hearing calendar.
Discover more about our marijuana bills tracker. Become a Patreon supporter to gain access.
—
As more states legalize marijuana in one form or another, workplace drug testing continues to be a hot topic. Federal agencies have revised policies to reflect this reality.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) recently updated its employment policy to make it so applicants who’ve grown, manufactured or sold marijuana in compliance with state laws while serving in a “position of public responsibility” will no longer be automatically disqualified–whereas those who did so in violation of state cannabis policies won’t be considered.
Recently, the Secret Service relaxed its restrictions on marijuana use by potential agents.
Marijuana Moment obtained draft documents late last year that showed the federal Office of Personnel Management was proposing to replace several job application forms in a manner that would deal with past cannabis use much more leniently under current policy.
In 2021, the Biden administration implemented a policy that allows waivers for certain workers if they admit to previous marijuana use. However, certain legislators have called for further reform.
Rep. Jamie Raskin, D-MD, said during a hearing on marijuana legalization last year that he planned to introduce a bill protecting federal workers against being denied clearances for marijuana.
The nation’s largest federal employee union adopted a resolution last year in support of marijuana decriminalization, and to end the policies that penalize federal employees for using cannabis responsibly when they are off-the-clock in states where the drug is legal.
In 2021, the director of national Intelligence (DNI), said that federal employers should not reject security clearance applications based on past use. They should also use discretion with those who have cannabis in their stock portfolios.
The FBI updated its hiring policy that same year, so that candidates were only disqualified if admitted to using marijuana within a year before applying. Prior to this, potential employees of the FBI could not have used marijuana within the last three years.
The Environment Protection Agency has also made it clear to its employees, that marijuana use is not allowed and neither are investments in the cannabis industry. This applies regardless of state laws or any changes in the “social norms” surrounding cannabis.
The Biden administration has implemented a policy that allows for discretion in federal employment, and if a person discloses their past marijuana use. However, this policy is under fire by advocates after early reports claimed the White House had fired or punished dozens staffers who told the truth about their marijuana history.
Jen Psaki, then White House Press Secretary, tried to minimize the fallout but without much success. Her office issued a statement 2021 that stated that no one was terminated for “marijuana use from years ago,” or “due casual or infrequent usage during the previous 12 months.”
Wisconsin GOP lawmakers strip marijuana legalization from Governor’s budget in joint hearing
The post Federal Transportation Agency Finalizes Marijuana Test Policies To Reduce False Positives first appeared on Marijuana Moment.
