WASHINGTON — Exemptions from prosecution for those who use medical marijuana do not trump the Department of Transportation‘s prohibition of the drug used by safety-sensitive transportation employees, including truck drivers.

A recent Department of Justice guideline for federal prosecutors stated that the agency would not be changing its regulated drug testing program based upon these new guidelines, and that transportation employees are still prohibited from the use of marijuana, medical or not.

Under the agency’s Drug and Alcohol Testing Regulation, 49 CFR Part 40, at 40.151(e), a transportation employee must test negative for controlled substances.

"It remains unacceptable for any safety-sensitive employee subject to drug testing under the Department of Transportation’s drug testing regulations to use marijuana," the rule says.

Thirteen states and most Canadian jurisdictions allow Cannabis use for medical purposes.

Regardless of any domestic exemptions or outstanding conflict with human rights guidelines, Canadian truckers must be periodically tested in order to be allowed to haul into the U.S. 

— with files from Truckinginfo.com