DEA Proposal To Reschedule Marijuana from Schedule I to Schedule III

The U.S. Drug Enforcement Administration (DEA) recently closed the two-month public comment period for its proposed rescheduling of cannabis from a Schedule I to a Schedule III substance. This marks the first time the DEA has actively sought public opinion on federal marijuana scheduling, and the response was overwhelming. Nearly 43,000 individuals, organizations, and researchers submitted comments, showcasing the intense public interest in this issue.

Comments Pro

Many commenters supported the DEA’s proposal but felt it didn’t go far enough. They argued that rescheduling cannabis to a Schedule III substance, which would allow it to be considered for FDA approval but still keep it federally illegal in most situations, is merely a half-measure. Instead, they advocated for full legalization or decriminalization.

Cat Packer, director of drug markets and legal regulation at the Drug Policy Alliance, highlighted the unprecedented nature of this public engagement. “This is an unprecedented opportunity for folks to participate in public comment on federal marijuana scheduling,” she said. Preliminary analyses show that most commenters wanted more significant steps toward federal legalization.

A rapid analysis by the Drug Policy Alliance revealed that 59% of commenters were in favor of decriminalizing or completely descheduling cannabis. Similarly, Headset, a cannabis data platform, used OpenAI’s advanced language model to analyze the comments. Their findings indicated that 57% of commenters supported full descheduling, while 35% supported rescheduling to Schedule III. This aligns with Pew Research, which shows that 57% of Americans think cannabis should be legal for both medical and recreational purposes.

Comments Con

On the other side of the debate, some commenters voiced concerns about the potential risks of rescheduling cannabis. These individuals often cited fears that cannabis could be harmful to children or act as a “gateway drug.” Additionally, many of these commenters expressed worries about the potential for increased drug use among youth and the general population.

Packer noted that comments opposed to medical cannabis tended to come in large spikes of form letters, suggesting organized efforts to influence the DEA’s decision. This contrasted with the more organic flow of comments supporting various forms of cannabis legalization.

Some commenters were concerned about what happens now if Marijuana is rescheduled? As written now, School Bus Drivers, Pilots and Truck Drivers as well as other safety sensitive positions would no longer be tested for Marijuana?

How Does This Affect Employers?

The rescheduling of cannabis has significant implications for employers, especially in terms of workplace policies and drug testing. A reclassification to Schedule III could necessitate updates to existing drug policies, potentially complicating compliance efforts. Employers will need to balance federal regulations with state laws where cannabis might already be legal for medical or recreational use.

Businesses may find themselves in a challenging position, needing to ensure a safe and productive work environment while respecting employees’ legal rights. This could lead to increased legal consultations and adjustments in HR policies to mitigate any potential risks associated with cannabis use.

How Does This Affect Safety-Sensitive Positions?

The impact on safety-sensitive positions, such as school bus drivers, truck drivers, and pilots, is particularly concerning. These roles require the utmost level of safety and responsibility, and the use of cannabis could impair an individual’s ability to perform their duties safely.

Secretary of Transportation Pete Buttigieg testified to Congress about the need for a a mandate ensuring that employees in these critical roles continue to be tested for marijuana, regardless of its legal status. This approach could provide a solution that balances the new federal stance on cannabis with the necessity of maintaining safety in these high-risk occupations.

Congress or the Executive Branch may need to mandate or pass a Safety Carve Out measure.

Solution: Safety-Sensitive Carve Out

A safety-sensitive carve-out offers a practical solution to the complex issue of cannabis rescheduling. By mandating that all safety-sensitive employees continue to be tested for marijuana, it ensures that the potential risks associated with cannabis use do not compromise public safety. This carve-out would include professionals such as school bus drivers, truck drivers, pilots, and other roles where impairment could have severe consequences.

In his testimony, Secretary Buttigieg emphasized the importance of maintaining rigorous standards for safety-sensitive positions. This carve-out would provide a clear framework for employers, helping them to navigate the changing legal landscape while ensuring the safety of their employees and the public.

Conclusion

The DEA’s consideration of public comments on the rescheduling of cannabis is a significant step forward in the national conversation about marijuana policy. With nearly 43,000 comments submitted, it’s evident that Americans are deeply invested in the outcome of this decision. While opinions vary, the majority of commenters are pushing for more substantial changes than a mere rescheduling to Schedule III.

For policymakers, the challenge lies in balancing public opinion with practical considerations, such as the impact on employers and the need for safety-sensitive carve-outs. As the DEA reviews the comments and contemplates its next steps, it’s clear that the rescheduling of cannabis is just one part of a broader and ongoing debate about the future of marijuana in the United States.

Whether the DEA opts to reschedule cannabis or take more substantial actions, the public’s voice has been heard loud and clear. This engagement marks a pivotal moment in the movement towards a more rational and equitable approach to cannabis regulation.

If you’re a policymaker or business professional navigating these changes, staying informed and proactive is essential. Understanding the nuances of federal drug policy, the implications for safety-sensitive positions, and the potential solutions like safety-sensitive carve-outs can help you make informed decisions that prioritize both compliance and public safety.

Call to Action

Stay updated on the latest developments in cannabis rescheduling and federal drug policy by subscribing to our newsletter. Join the conversation and share your thoughts on this critical issue. Together, we can shape a future that balances the benefits of cannabis legalization with the need for safety and responsibility. If you are a concerned parent or citizen please contact your Congressional Representative to mandate a Safety Carve Out to assure your school bus drivers, pilots and truck drivers are not driving intoxicated on our public roads and airways.

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Keywords:

• DEA Rescheduling
• Marijuana Legalization
• Federal Drug Policy
• Safety Carve Out
• Safety-Sensitive Position
• School Bus Drivers Driving Under Marijuana Intoxication