Marijuana Rescheduling Raises Concerns with National Transportation Safety Board
The National Transportation Safety Board (NTSB) is sounding the alarm about the potential risks associated with rescheduling marijuana. Despite assurances from U.S. Transportation Secretary Pete Buttigieg, the NTSB warns that rescheduling could create significant blind spots in drug testing for federally regulated workers in safety-sensitive positions.
Marijuana Rescheduling Concerns
On Tuesday, the NTSB released a statement expressing concern that the Biden administration’s proposal to move cannabis to Schedule III of the Controlled Substances Act (CSA) could jeopardize drug testing for airline pilots, truck drivers, and other safety-sensitive workers. They argue that rescheduling marijuana without ensuring its inclusion in pre-employment, random, reasonable suspicion, and post-accident drug testing would create a safety blind spot.
The NTSB emphasized that moving marijuana to Schedule III could halt ongoing drug testing for these workers. HHS-certified laboratories, responsible for such testing, are not authorized to test for Schedule III substances.
Potential Impact on Transportation Workers
If the proposed rule is implemented, it could mean that airline pilots, maintenance workers, bus and truck drivers, locomotive engineers, subway train operators, ship captains, pipeline operators, and personnel transporting hazardous materials would no longer be tested for marijuana. These positions fall under the Department of Transportation (DOT) regulations.
The NTSB urges the Drug Enforcement Administration (DEA) to ensure that any final rule to reschedule marijuana does not compromise drug testing for safety-sensitive transportation employees under DOT and HHS procedures.
Buttigieg’s Assurances
During a recent hearing with congressional lawmakers, Buttigieg assured that DOT’s testing rules would remain unchanged even if cannabis is rescheduled. According to Buttigieg, the rescheduling proposal would not impact DOT’s marijuana testing requirements, as the substance is specifically listed for screening.
This assurance came in response to concerns raised by Rep. Rick Crawford (R-AR) during a House Committee on Transportation and Infrastructure hearing. Crawford cited worries from the American Trucking Associations (ATA) about the potential public health and safety consequences of rescheduling marijuana.
Buttigieg reiterated that the DOT continues to evaluate any indirect impact of rescheduling but does not expect any changes to drug testing requirements based on the classification decision. He also mentioned that federal employees, including those at DOT with security clearances or in safety-sensitive positions, would not see their testing protocols change.
Ongoing Discussions and Concerns
NTSB Chair Jennifer Homendy submitted written testimony further emphasizing the board’s concerns about rescheduling. She highlighted the serious negative impact on transportation safety if the DEA proceeds with rescheduling without addressing these issues.
Rep. Michael Bost (R-IL) also pressed Buttigieg on the implications for drug testing truckers, school bus drivers, subway operators, and other federally regulated transportation workers. Buttigieg assured continued commitment to testing, regardless of marijuana’s schedule classification.
Industry Reactions
ATA CEO Chris Spear appreciated the exchange between Crawford and Buttigieg, emphasizing the importance of continued marijuana testing for safety-sensitive transportation workers. He warned that restricting the trucking industry’s ability to conduct drug testing for marijuana could heighten the risk of impaired drivers on roadways.
The ATA intends to engage with the Department of Justice (DOJ), the Department of Health and Human Services (HHS), and other federal partners to ensure that any changes in marijuana’s legal status include provisions for continued testing.
Interestingly, some truckers have defended the proposed rescheduling, suggesting it would allow them to use medical marijuana off duty without risking their jobs. Comments from truckers overwhelmingly favor the change, although they acknowledge the need for responsible use.
Public Sentiment
A recent analysis revealed that nearly 9 in 10 public comments support moving marijuana out of Schedule I of the CSA. Another study found that roughly 70 percent of commenters favor decriminalizing marijuana or removing it from the CSA entirely.
Despite concerns from the trucking industry, truck drivers appear to support the proposed policy shift. During the public comment period on rescheduling, many commercial drivers defended the move.
Truckers Support Rescheduling
Comments from truckers overwhelmingly favor rescheduling. Some believe it would allow them to use medical marijuana during their time off without risking their jobs.
“As a truck driver in the United States, I want to be able to use marijuana on my time off,” one commenter said. “It’s unfair that I can lose my job and license if I used marijuana a month ago and still test positive. Statistics show alcohol is the leading cause of car accidents, not marijuana.”
Another trucker, who is also a driving instructor, mentioned that regulatory changes shouldn’t signal that it’s okay to consume marijuana before a shift.
“I expect my drivers to be sober and well-rested, whether it’s avoiding alcohol, NyQuil, or cannabis before a shift,” the instructor wrote.
Public Opinion on Marijuana Rescheduling
A new analysis by Headset revealed that nearly 90% of public comments on marijuana rescheduling support moving the substance out of Schedule I of the Controlled Substances Act (CSA). Additionally, the Drug Policy Alliance found that roughly 70% of commenters favor decriminalizing or removing cannabis from the CSA entirely.
Shift in Drug Testing Trends
With more states legalizing marijuana, a federal report showed a decline in positive drug tests among commercial drivers in 2023 compared to the previous year, dropping from 57,597 in 2022 to 54,464 last year. However, there was a 39% increase in drivers refusing to be screened.
A separate survey found that 65.4% of motor carriers believe current marijuana testing procedures should be replaced with methods measuring active impairment.
Impact on the Trucking Industry
The American Transportation Research Institute (ATRI) noted a 65,000-driver shortage in the country and suggested that fear of positive tests for marijuana metabolites might deter potential drivers. These metabolites can remain in a person’s system long after active impairment has passed.
The record-high number of refusals comes as the industry faces a nationwide shortage of drivers. Some trade groups argue that drug testing policies exacerbate this shortage by flagging drivers who are not impaired on the job.
Currently, federal law mandates that commercial drivers abstain from cannabis and subjects them to various forms of drug screening, from pre-employment to random testing.
Driver Perspectives on Cannabis Laws
In June last year, an ATRI survey of licensed U.S. truck drivers found that 72.4% supported loosening cannabis laws and testing policies, while 66.5% favored federal legalization of marijuana.
Cannabis reform advocates argue that current drug testing practices are discriminatory and outdated. Paul Armentano, deputy director of NORML, wrote in a Marijuana Moment op-ed, “Tens of thousands of workers are leaving the commercial trucking industry because the federal government refuses to update its antiquated marijuana policies. Fewer truckers on the road result in supply chain shortages and higher prices for goods.”
Industry Insights
A top Wells Fargo analyst in 2022 highlighted federal marijuana criminalization and associated drug testing mandates as primary reasons for rising costs and worker shortages in the transportation sector. Rep. Earl Blumenauer (D-OR) also emphasized in a letter to the DOT that current drug testing policies are unnecessarily costing people their jobs and contributing to supply chain issues.
The 2022 ATRI report noted mixed research findings on the impact of cannabis use on driving and highway safety, complicating rulemaking on this issue. A Congressional Research Service (CRS) report from 2019 similarly found inconclusive evidence regarding cannabis’s ability to impair driving.
In 2022, the DOT finalized a rule permitting saliva-based testing as an alternative to urine samples. Depending on use frequency, THC is detectable in saliva from one to 24 hours after use. The DOT also proposed guidance warning commercial drivers about the risks of using CBD products, which remain unregulated and could contain detectable levels of THC.
ATA President Spear emphasized to Congress that conflicting state and federal marijuana policies create a litigious environment for the trucking industry, exacerbating the labor shortage.
“Want to smoke weed at home? Smoke weed at home. If it’s legal, fine,” Spear said. “But do not get behind the wheel of an 80,000-pound vehicle. We need strong standards and law enforcement.”
Conclusion
The NTSB’s concerns highlight the complex implications of rescheduling marijuana, especially for federally regulated workers in safety-sensitive positions. By staying informed and advocating for balanced policies, the trucking industry and its drivers can better navigate the evolving landscape of marijuana legislation and its implications for safety and employment.