Why This Story Matters:
In June 2024, the U.S. Department of Transportation (DOT) confirmed that the agency believes that the U.S. Department of Justice’s (DOJ) proposal to reclassify marijuana from a Schedule I to a Schedule III drug will not impact the transportation industry’s ability to screen for marijuana. This news about marijuana drug testing is important to the transportation industry.
DOT Confirms Reclassification of Marijuana Will Not Impact Drug Testing Requirements
On June 27, 2024, the U.S. Department of Transportation (DOT) confirmed that the agency believes that the U.S. Department of Justice’s (DOJ) proposal to reclassify marijuana from a Schedule I to a Schedule III drug will not impact the transportation industry’s ability to screen for marijuana, according to a press release from the American Trucking Associations (ATA).
“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,” DOT Secretary Pete Buttigieg said during a House Committee on Transportation and Infrastructure hearing. “We do not believe that would have a direct impact on that authority.”
The DOT – the government agency that oversees America’s transportation system – requires drug testing for the Federal Aviation Administration (FAA), Federal Motor Carrier Safety Administration (FMCSA), Federal Railroad Administration (FRA), Federal Transit Administration (FTA), and Pipeline and Hazardous Materials Safety Administration (PHMSA).
Transportation Industry Voices Concern About Marijuana Reclassification
The ATA – the largest national trade association for the trucking industry – sent letters to federal agencies in May 2024 and June 2024 seeking clarity on marijuana reclassification that could have negative consequences for highway safety, according to the ATA press release. Marijuana is one of the most detected drugs in impaired driving crashes resulting in fatal injuries.
ATA President and Chief Executive Officer (CEO) Chris Spear responded to Secretary Buttigieg stating that DOT anticipates that it will maintain the authority to conduct testing of marijuana. “We appreciate Secretary Buttigieg’s focus on providing the transportation industry with the clarity it needs to continue screening for marijuana,” Spear said in the press release.
“DOT and ATA share the goals of achieving zero highway fatalities and ensuring the commercial driving workforce is qualified to safely operate, which is why we are committed to partnering with DOT to mitigate harmful impacts caused by the potential reclassification of marijuana,” Spear added, voicing his concerns about potential marijuana reclassification.
“If the trucking industry’s ability to conduct drug testing for marijuana use were to be restricted, a heightened risk of impaired drivers would threaten our nation’s roadways,” Spear explained in the press release, which cited statistics showing that crash deaths involving marijuana have more than doubled – from 9 percent to 21.5 percent – between 2000 and 2018.
Potential Marijuana Reclassification Under Federal Law
In May 2024, the DOJ published a notice of proposed rulemaking in the Federal Register initiating a process to consider moving marijuana from a Schedule I drug alongside heroin and LSD to a less dangerous Schedule III drug alongside ketamine and some anabolic steroids under the Controlled Substances Act (CSA). Marijuana has been a Schedule I drug since 1970.
The move to reclassify marijuana came after U.S. President Joe Biden issued a “Statement on Marijuana Reform” in October 2022 that found imposing jailtime for possessing marijuana had “incarcerated people for conduct that many states no longer prohibit” and asked the U.S. government to launch a scientific review of how marijuana is classified under federal law.
The rescheduling of a controlled substance follows a formal rulemaking procedure and the DOJ proposal has started the process. The Drug Enforcement Administration (DEA) will consider information submitted by the public to make a determination about the appropriate Schedule. Until a final rule is published, marijuana remains a Schedule I controlled substance.
Despite marijuana potentially being reclassified as a Schedule III drug, it is still illegal at the federal level and in some states. However, many states have enacted laws that have legalized the use of marijuana for medicinal or recreational use, creating a confusing patchwork of laws for DOT and non-DOT employers who perform drug testing for marijuana to navigate.
ClearStar Offers Drug Testing Services
ClearStar – a global workforce screening provider specializing in Background Checks, Drug Testing, and Occupational Health Services – offers employers a technology-driven process for managing and maintaining an effective Drug and Alcohol Screening Program. In addition to providing testing at over 20,000 locations in the United States, ClearStar offers:
- Single candidate invite for all services via text or email
- Electronic Custody and Control Form (eCCF) available for drug and clinical tests
- Mobile wallet pass with built-in reminders available
- Real-time collection status updates
- In-house Medical Review Officer (MRO) provides doctor-reviewed results via email, fax, web, or XML
- Full integration with most Applicant Tracking Systems (ATSs)
ClearStar knows a drug-free workplace can improve safety, reduce injuries, lower costs, increase productivity, and deter employees from using drugs at work. To help employers comply with drug testing laws nationwide, ClearStar offers Drug Screening Compliance Packages, a Marijuana Legality Interactive Map, and a State Drug Testing Laws Interactive Map.
ClearStar Offers Transportation Screening Services
ClearStar also offers comprehensive and compliant Transportation Screening solutions for DOT-regulated and non-regulated employers in the transportation industry. Specifically, ClearStar can help employers in the trucking industry make informed hiring decisions for drivers by providing a full suite of Transportation Screening services that include the following:
- Background Checks
- Drug/Clinical Tests
- Physicals
- Reasonable Suspicion Testing
- Post-Accident Testing
- Full FMCSA support including Drug and Alcohol Clearinghouse.
Transportation is a highly regulated and competitive industry. In order to stay competitive and compliant, employers in the Transportation industry need to partner with the best available background screening provider to help them hire the right people. To learn more about quality Drug Testing and Transportation Screening solutions, contact ClearStar.
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Thomas Ahearn - Digital Content Editor
Thomas Ahearn is a Digital Content Editor at ClearStar, a leading Human Resources technology company specializing in background checks, drug testing, and occupational health screening. He writes about a variety of topics in the background screening industry including Artificial Intelligence (AI), "Ban the Box," class action lawsuits, credit reports, criminal records, drug testing, Equal Employment Opportunity Commission (EEOC), Fair Credit Reporting Act (FCRA), identity theft, privacy, social media screening, and workplace violence.
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