Congresswoman Says Federal Marijuana Drug Testing Rules Are Hurting Transportation Workforce
A Democratic congresswoman is urging the federal government to consider “relaxing” strict drug testing rules for transportation workers that penalize employees for off-duty marijuana use that does not result in on-the-job impairment.
Rep. Emily Randall (D-WA) raised the issue during a recent House Transportation and Infrastructure Committee hearing, arguing that current federal policy is undermining efforts to maintain a reliable and adequately staffed transportation workforce—particularly in Washington state, where ferries are a critical mode of travel.
Randall, a co-chair of the Congressional Ferry Caucus, said lawmakers should be open to “creative solutions” that balance public safety with evolving state marijuana laws and modern scientific understanding of impairment.
Federal Marijuana Testing Rules Clash With State Legalization Laws
“Federal regulations require drug testing for some maritime employees in safety-sensitive positions, including ferry workers,” Randall told colleagues. “We could consider relaxing the rules around recreational marijuana use in states where it’s legal, as long as it’s not used on the job and outside a certain window before their shift.”
Under current federal standards, workers subject to U.S. Department of Transportation (DOT) drug testing can test positive for marijuana metabolites weeks after lawful off-duty use, even though the presence of THC metabolites does not necessarily indicate impairment.
“Right now, you could drug test positive for a month or longer after using legal recreational marijuana in Washington and be unable to work as a ferry operator,” Randall said during the committee’s “member day” hearing.
Workforce Shortages Prompt Calls for Policy Flexibility
Randall framed the issue as both a labor and public service concern, emphasizing that rigid federal rules make it harder to recruit and retain ferry workers in states where adult-use cannabis is legal.
The congresswoman said workforce challenges threaten the reliability of ferry systems that serve as essential transportation links for commuters, tourists and rural communities.
Her remarks reflect a growing debate over whether federal drug testing policies—largely unchanged since the early 1990s adequately reflect current laws, workplace realities and scientific evidence.
DOT Maintains Cannabis Testing Requirements Despite Rescheduling Efforts
Last month, the U.S. Department of Transportation published a bulletin clarifying that all safety-sensitive workers remain subject to existing marijuana drug testing rules, even as the Trump administration considers moving cannabis from Schedule I to Schedule III under the Controlled Substances Act.
Until Attorney General Pam Bondi finalizes the rescheduling process, marijuana “remains unacceptable” for any safety-sensitive employee covered by DOT testing regulations, the department said.
“Until the rescheduling process is complete, the Department of Transportation’s drug testing process and regulations will not change,” the notice stated.
DOT further emphasized that laboratories, medical review officers and substance misuse professionals must continue following current protocols, and that its guidance on medical marijuana, recreational cannabis and CBD remains in effect.
Why Marijuana Rescheduling May Not Change Transportation Testing Rules
Even if marijuana is ultimately moved to Schedule III, federal transportation drug testing requirements may remain unchanged.
Former Transportation Secretary Pete Buttigieg said in 2024 that rescheduling cannabis would not affect DOT testing policies because marijuana is listed explicitly as a substance to be screened—rather than being referenced by drug schedule.
“For private individuals who are performing safety-sensitive functions subject to drug testing, marijuana is identified by name,” Buttigieg said at the time. “So even if it moves in its classification, we do not believe that that would have a direct impact.”
This interpretation is based on the 1991 Omnibus Transportation Employee Testing Act, which grants the transportation secretary broad authority to test for any substance deemed a risk to transportation safety.
Scientific Evidence Complicates Marijuana Impairment Testing
A growing body of research suggests that THC concentration in blood or urine is a poor indicator of actual impairment—particularly when compared to alcohol testing.
A 2024 scientific review found no consistent linear relationship between blood THC levels and driving performance, noting that impairment varies widely based on usage patterns, tolerance and timing.
Similarly, a National Highway Traffic Safety Administration (NHTSA) report concluded that “relatively little research” supports per se THC limits used by some states to define impairment.
“Unlike alcohol,” the report noted, “drug concentration in blood does not correlate to driving impairment.”
A Department of Justice researcher echoed those concerns last year, saying states may need to move away from THC-based thresholds altogether.
Cannabis Reform Bills and Federal Policy Tensions Remain Unresolved
Randall is a cosponsor of the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act, which would federally legalize cannabis and remove it from the Controlled Substances Act. While the bill passed the House twice under Democratic leadership, it has stalled in the current Congress.
Meanwhile, the Trump administration is pursuing a narrower reform by considering marijuana rescheduling rather than full descheduling, a move that could benefit medical cannabis research while leaving adult-use markets and workplace testing policies largely unchanged.
For now, DOT officials say they will continue monitoring the rescheduling process and update the transportation industry if changes occur.
As lawmakers like Randall push for flexibility, the debate highlights a broader tension between federal safety rules, state legalization efforts and evolving scientific evidence one that remains unresolved as cannabis policy continues to shift.
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