California became the first state to legalize medical marijuana in 1996. Today, more than half of states have legalized medical or recreational marijuana, or both. While the growth of legalized marijuana may benefit those with a medical need, it complicates the landscape dramatically for others.
In response to changing state laws, the U.S. Department of Transportation (DOT) issued statements in 2009, 2012, and 2016 addressing legalized marijuana and transportation personnel. These statements definitively note that even when allowed under a state law “it remains unacceptable for any safety-sensitive employee subject to drug testing to use marijuana.”
This is important as marijuana is still classified as a Schedule 1 controlled substance under federal law. In addition, the DOT’s drug and alcohol testing regulations do not authorize “medical marijuana” as a valid medical explanation for a positive drug test result.
As safety-sensitive employees, school bus drivers are obviously required to follow state and local laws as well as a number of federal regulations specific to their job. As such, drivers are subject to pre-employment, post-accident, reasonable suspicion, and random drug and alcohol screenings. In addition, employers are required to conduct drug testing in accordance with the regulations. Clearly for employers and employees, there is no gray area on testing, yet either willingly or unwillingly, drivers are still finding themselves on the wrong side of this issue.
This issue has even found its way to the courts. The Massachusetts Supreme Judicial Court ruled in February 2019 on a case in which a driver admitted having used marijuana but disputed whether he was “legally intoxicated.” The justices recognized the following in their opinion:
“We acknowledge that it is often difficult to detect marijuana impairment because the effects of marijuana consumption vary greatly among individuals.”











