Trucking Reacts to DEA Proposal to Downgrade Marijuana
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A proposal by the Drug Enforcement Administration to downgrade marijuana from the most serious category of federal drug offenses to a lesser category has drawn more than 43,000 comments from a wide variety of trade groups and individuals, making the idea one of the most controversial in DEA’s regulatory history.
The proposal, if finalized, would drop marijuana from a Schedule I to a Schedule III Controlled Substance Act violation. The DEA announced Aug. 29 that the agency will hold a hearing Dec. 2 on the proposal.
While trade organizations ranging from American Trucking Associations to the Truckload Carriers Association have voiced concern about the proposal’s potential implications for highway safety, many truck drivers in individually filed comments lamented how the law prevents them from legally smoking marijuana on their own time; current federal regulations flatly do not allow truck drivers to use marijuana under any circumstances. And drivers who do test positive for marijuana use are immediately prohibited from getting behind the wheel until they receive counseling and follow-up testing.
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Unlike having a beer or glass of wine on the weekend, the impact of pot on a driver can vary widely, according to drug experts.
“Someone could have used marijuana a week ago, and because it affects people so differently, you may be intoxicated for only a certain number of hours,” said Brenna Lyles, ATA’s director of safety policy. “But there are studies that show some people are ‘impaired’ and have an issue with their peripheral vision or their reaction times are delayed for up to two weeks.”
I get it. You can drink on the weekends. Why can’t I smoke on the weekends? Well, it’s not the same thing. Marijuana may impact you way longer in a way that alcohol doesn’t.
Brenna Lyles, ATA's director of safety policy
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And unlike alcohol, there is no tech gadget like a Breathalyzer to measure the extent of marijuana’s impact on a driver’s faculties, nor is there a widely recognized impairment standard. When an oral fluid drug test regimen is formally implemented on the federal level — the effort has been delayed until labs are certified — it would be possible to detect marijuana use at roadside. Still, this testing would not measure the level of impairment.
A sampling of the written comments on the DEA’s May proposal ranged from conditional support to serious concerns. Some of them included:
Large trade organizations, such as ATA, TCA and National Tank Truck Carriers, expressed concerns that rescheduling marijuana could ultimately prevent the Department of Transportation and certain employers from testing for pot use. Separately, according to a sign-on letter by a variety of trucking groups, the Federal Motor Carrier Safety Administration has said that 60% of all positive drug tests were positive for marijuana. The groups also say they fear that the number of truck driver marijuana users on U.S. highways could increase.
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The Owner-Operator Independent Drivers Association said in comments that it did not believe the schedule change would have a direct impact on drug testing for commercial drivers. “It is an open question whether this proposal could potentially result in changes in DOT drug testing protocols,” OOIDA wrote. “We anticipate there could be further regulatory, legislative and legal actions over the next few years that will determine if testing for DOT safety-sensitive personnel should be modified.”
In its comments, the National Transportation Safety Board said, “In commercial transportation operations, the NTSB is particularly concerned that the proposed rule would prevent testing for marijuana use by safety-sensitive employees who are subject to ... U.S. Department of Transportation drug testing. ... Currently, Health and Human Services Mandatory Guidelines authorize testing for Schedule I and II controlled substances only. We urge the DEA to ensure that any final rule to reschedule marijuana does not compromise marijuana testing under DOT and HHS procedures applicable to safety-sensitive transportation employees. ... Marijuana can adversely affect performance by slowing reaction time, altering perception, and impairing sustained attention, planning, decision-making and risk assessment.”
Among truck drivers who filed comments, overwhelming sentiment frequently suggested that marijuana regulations should be the same for “regular drivers” and professional drivers and that all drivers should be able to use pot on their days off.
“The reason why truck drivers have failed more for marijuana tests is because it stays in your system longer than any of the other illegal substances. That doesn’t mean it’s abused,” one driver said.
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“I get it,” ATA’s Lyles noted. “You can drink on the weekends. Why can’t I smoke on the weekends? Well, it’s not the same thing. Marijuana may impact you way longer in a way that alcohol doesn’t.”
DEA and HHS last examined the issue of whether to reschedule marijuana in 2016, when DEA denied two petitions to reschedule marijuana. At the time, HHS concurred that marijuana should remain a Schedule I drug because it met the three criteria for placement in Schedule I.
However, in 2023, HHS conducted a scientific and medical evaluation of marijuana based on a comprehensive review of available data at that time and recommended that marijuana be transferred to Schedule III.
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