Marijuana Reclassification: Implications for DOT-Regulated Drug Testing

Abby Willroth is a NAADAC-qualified Substance Abuse Professional located in Central Arkansas. "If you have questions concerning the DOT Alcohol & Drug Testing Regulation, the Role of a SAP, or the Return-To-Duty process, ASK A SAP!"

The U.S. Department of Justice (DOJ) has proposed reclassifying marijuana from a Schedule I to a Schedule III controlled substance under the Controlled Substances Act. This potential shift acknowledges marijuana's accepted medical uses and a lower potential for abuse compared to Schedule I substances. However, this reclassification does not equate to legalization and has specific implications for Department of Transportation (DOT)-regulated drug testing programs.

Understanding the Reclassification

Schedule I substances are defined as drugs with no currently accepted medical use and a high potential for abuse. Marijuana has been classified under this category since 1970. The proposed move to Schedule III recognizes its medical applications and repositions it alongside substances like anabolic steroids and ketamine.

DOT's Stance on Marijuana Testing

Despite the proposed reclassification, the DOT maintains its position on marijuana testing for safety-sensitive transportation employees. Transportation Secretary Pete Buttigieg clarified that the rescheduling would not alter DOT's marijuana testing requirements, stating:

"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,"-Former. U.S. Department of Transportation Secretary Pete Buttigieg

This means that DOT-regulated employees, such as commercial drivers, pilots, school bus drivers, maintenance-of-way and train operators/engineers, will continue to be tested for marijuana use, regardless of its federal scheduling status.

Implications for Employers and Employees

• Continued Testing: DOT-regulated employers are required to continue testing for marijuana, ensuring safety in transportation sectors.

• State vs. Federal Law: Even in states where marijuana is legal for medical or recreational use, DOT regulations supersede, and employees in safety-sensitive positions must comply with federal testing requirements.

• Policy Clarity: Employers should clearly communicate their drug testing policies, emphasizing that marijuana use remains prohibited for DOT-regulated positions.

Conclusion

While the reclassification of marijuana to Schedule III reflects evolving perceptions of its medical use, it does not impact the DOT's drug testing mandates. Safety-sensitive employees must remain compliant with existing regulations, and employers should ensure their policies reflect this stance.

For further information on DOT drug testing requirements and updates, visit the Office of Drug & Alcohol Policy & Compliance. (ODAPC).

Further Resources:

• Office of Drug & Alcohol Policy & Compliance: Office of Drug & Alcohol Policy & Compliance | US Department of Transportation

• ClearStar: Marijuana Reclassification Should Not Impact Transportation Industry Drug Testing | ClearStar

• WORKFORCEQA: DOT: Marijuana Use Remains Prohibited for Truck Drivers, Even If It’s Reclassified - Workforce QA

• Truckload Carriers Association, Inc: TCA Legal Comment - Impact of DOJ’s Proposed Reclassification of Marijuana is Unclear - Truckload Carriers Association