Medical marijuana law won’t affect federal regs

Passage of two new laws by the state of Hawaii –– the medical privacy law and legalized medical marijuana use –– is causing confusion regarding the implications for federal regulatory requirements. The bottom line is : federal drug and alcohol testing regulations will not be affected.

Hawaii’s medical privacy law does not change the requirements established in federal regulations. Mariners are still subject to drug and alcohol testing and marine employers must continue to report the test results to the Coast Guard. Violation of these regulations may subject individuals and companies to civil penalties.

Federal law requires certain maritime employees to be tested for drugs and alcohol as a means to minimize the use of intoxicants and to promote a drug free and safe work environment ( Title 46 , Code of Federal Regulations, Part 16 ).Testing is required for employment, obtaining merchant mariner credentials, randomly and following marine accidents. The regulations specify that marine employers must report the test results to the Coast Guard.

On the issue of legalized medical marijuana use, the President’s Office of National Drug Policy clearly stated federal policy in response to similar propositions passed in California, Arizona and Oregon (Policy letters dated December 12, 1996 and August 15, 1997).

Marijuana does not have a legitimate medical use in the United States and its use is not a legitimate medical explanation for a positive drug test. If you test positive and state that a physician recommended or prescribed the use of marijuana for you, your test will be verified as positive. You will have to stop performing your safety-sensitive transportation duties. The same policy applies to hemp food products such as hemp oil and seeds (Policy letter dated July 29,1997).

The integrity of the national transportation system is critical to the continued prosperity of the United States . The welfare and confidence of the American public using our transportation system depend on transportation workers’ unwavering commitment to safety. The use of marijuana and other illicit drugs is incompatible with the transportation safety and will not be tolerated.

If you have questions, please call Lt. j.g. Bill Deluca, Coast Guard Drug and Alcohol Program inspector, at 522-8264 x 294.