05/16/2026
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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 โnegativeโ if the employee alleges the positive resulted from consuming a State licensed ma*****na product?
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โข No. Currently, there is no instance when the MRO could verify a laboratory-confirmed ma*****na positive drug test result as โnegativeโ when an employee claims the positive was caused by a State licensed ma*****na product.
โข 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.
โข A โlegitimate medical explanationโ requires use of a legally prescribed controlled substance in compliance with Federal laws governing such a prescription. 49 CFR ยงยง 40.137(a); 40.141(b).
โข 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 โlegitimate medical explanation.โ
โข Ma*****na use under State ma*****na programs or other non-prescription sources do not qualify as a โlegitimate medical explanationโ under 49 CFR ยง 40.137(a). In addition, ma*****na use is not compatible with safety-sensitive functions.
