USDOT Clarifies Marijuana Testing Requirements Should Remain Intact Regardless of Reclassification
During a recent House Committee on Transportation & Infrastructure hearing, Transportation Secretary Pete Buttigieg assured the committee that the Department of Justice’s proposal to reclassify marijuana from a Schedule I to a Schedule III drug would not affect the Department of Transportation’s drug screening policies.
“Any impaired driving – be it alcohol, marijuana, or any other source of impairment – is, of course, a major safety concern,” Buttigieg said. “Our understanding of the rescheduling of marijuana from Schedule I to Schedule III is that it would not alter DOT’s marijuana testing requirements with respect to the regulated community.”
[Related: How would federal rescheduling of marijuana affect trucking?]
In May, the Drug Enforcement Administration and Department of Justice published a notice of proposed rulemaking to reclassify marijuana from a Schedule I drug to a Schedule III drug. This proposed reclassification aims to acknowledge the potential medical benefits of marijuana while addressing concerns about its potential for abuse and dependence. Currently, marijuana is classified alongside highly potent and addictive substances like heroin, LSD, and ecstasy. If reclassified as a Schedule III drug, it would be grouped with medications containing low doses of codeine, testosterone, and others, which could better reflect its medical potential and improve access for patients in need.
The American Trucking Association has written to the Secretary to express its apprehension about the DOJ’s proposal and request clarification on whether the USDOT will retain the authority and resources to conduct marijuana testing for commercial motor vehicle drivers and other safety-sensitive transportation workers.
Marijuana and alcohol remain the most detected drugs in impaired driving crashes resulting in serious or fatal injuries. Between 2000 and 2018, crash deaths involving marijuana more than doubled, from 9% to 21.5%. Immediately following Canada’s 2018 legalization of marijuana, the country’s emergency rooms saw a 94% increase in the rate of marijuana-involved traffic injuries.
USDOT Clarifies Marijuana Testing Requirements Should Remain Intact Regardless of Reclassification. Secretary Buttigieg made it clear that for individuals in private roles involving safety-sensitive tasks and subject to drug testing, marijuana is specifically named rather than categorized by schedule or classification. He emphasized that even if its classification changes, it would not directly affect the authority in this regard. Secretary Buttigieg emphasized that his department is actively assessing the potential indirect effects of marijuana rescheduling on drug testing. According to his interpretation, individuals undergoing DOT marijuana screening would continue to be subject to screenings even if the drug is rescheduled.
“Our understanding of the rescheduling of marijuana from Schedule I to Schedule III is that it would not alter DOT’s marijuana testing requirements with respect to the regulated community,” said Secretary Buttigieg. “For private individuals who are performing safety-sensitive functions, subject to drug testing, marijuana is identified by name, not by reference to one of those classes. So even if it was in its classification, we do not believe that that would have a direct impact on that authority.”
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