Transportation Secretary Pete Buttigieg said during a House Committee on Transportation & Infrastructure hearing Thursday that the Department of Justice’s proposal to move marijuana from a Schedule I to a Schedule III drug doesn't impact his agency's drug screening rules.
"Any impaired driving – be it alcohol, marijuana or any other source of impairment – is, of course, a major safety concern," Buttigieg said. "Our understanding of the rescheduling of marijuana from Schedule I to a Schedule III is that it would not alter DOT's marijuana's testing requirements with respect to the regulated community."
[Related: How would federal rescheduling of marijuana affect trucking?]
The Drug Enforcement Administration and DOJ in May published a notice of proposed rulemaking to reclassify marijuana from a Schedule I drug to a Schedule III drug. Schedule I drugs, substances or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. Schedule III is defined as drugs with a moderate to low potential for physical and psychological dependence. Currently a Schedule I drug, marijuana shares a classification with heroin, lysergic acid diethylamide (LSD) and ecstasy. As a Schedule III, it would be classified alongside medications with low doses of codeine, and testosterone, among others.
The American Trucking Associations last week sent a letter to Buttigieg expressing its concern to the DOJ's proposal, and asked Buttigieg to share whether USDOT will maintain the authority and means to conduct testing of marijuana use by commercial motor vehicle drivers and other safety-sensitive transportation workers.
For private individuals performing safety-sensitive functions subject to drug testing, Buttigieg noted, marijuana is identified by name, not by reference to schedule or classification. "So even if it moves in its classification, we do not believe that would have a direct impact on that authority," he said.
Buttigieg said his department continues to evaluate any indirect impacts marijuana rescheduling may have on drug testing, but anyone subject to DOT marijuana screening currently, in his interpretation, would remain subject to screenings should the drug be rescheduled.
Marijuana and alcohol remain the most detected drugs in impaired driving crashes resulting in serious or fatal injuries. Between 2000 and 2018, crash deaths involving marijuana more than doubled, from 9% to 21.5%.
Recreational marijuana is legal in almost half the country (24 states) but remains off-limits for commercial vehicle drivers, regardless of the state they live in, where they are domiciled, or what state they are driving through.
