No Safe Harbor: DOT Rejects State-Licensed Marijuana as Basis to Overturn Positive Drug Test Results
Seyfarth Synopsis: In late May 2026, the Office of Drug and Alcohol Policy and Compliance and the Office of the General Counsel of the U.S. Department of Transportation (DOT) issued a new Question and Answer (Q&A) addressing how its drug testing regulations apply considering the recent rescheduling of certain marijuana products under federal law. The Q&A provides important clarification for employers with safety-sensitive employees subject to DOT regulations—and reinforces that,…

