DOT Says State-Legal Marijuana Still Violates Federal Drug Testing Rules for Flight Attendants, FDA-Approved Medications the Exception

The U.S. Department of Transportation has clarified that state marijuana laws do not change federal drug testing rules for safety-sensitive transportation workers, including flight attendants.

The clarification, highlighted by the Association of Flight Attendants-CWA, says a positive DOT drug test for marijuana remains a violation even if the employee used marijuana legally under state law. That includes both medical and recreational marijuana.

Under DOT rules, a Medical Review Officer may not change a positive marijuana test to negative because an employee has a medical marijuana card, a doctor’s recommendation, dispensary paperwork or proof that the marijuana was legally purchased in a state where it is allowed.

The department said only certain FDA-approved prescribed medications can serve as a valid medical explanation for a positive drug test. Marijuana sold through state-licensed medical or adult-use programs does not qualify under DOT’s drug testing rules.

The clarification applies to workers in safety-sensitive positions across the transportation industry. For flight attendants, the policy means state legalization offers no protection from federal consequences tied to a positive DOT marijuana test.

The guidance comes as marijuana laws continue to shift at the state and federal levels, with most states now allowing marijuana for medical use and nearly half allowing recreational use. On the federal level, state-legal and FDA-approved medical cannabis has been moved to Schedule III, with a hearing for full rescheduling set for June 29. However, DOT’s position makes clear that those changes do not override federal workplace testing requirements for covered transportation employees.

AFA encouraged flight attendants who believe THC use may put their job at risk to contact the union’s Employee Assistance Program, which offers confidential help and support.