Hearing Postponed on Reclassifying Marijuana as a Schedule III Controlled Substance
Are you curious about marijuana and DOT-mandated employees? For employees in safety-sensitive roles regulated by the Department of Transportation (DOT), marijuana remains a critical concern despite legalization in many states. DOT regulations strictly prohibit the use of marijuana, including medical marijuana, due to the potential impairment risks that could compromise public safety. This includes any detection of THC, the psychoactive compound in marijuana, in required drug tests.
Proposed Rule Aims to Reclassify Marijuana as Schedule III, Highlighting Its Recognized Medical Applications in the U.S.
Marijuana has been classified as a Schedule I drug under the Controlled Substances Act (CSA) since 1970. In October 2022, President Biden directed a review of its classification, tasking the Attorney General and the Secretary of Health and Human Services (HHS) to evaluate its scheduling. Following HHS’s recommendations in August 2023, the Attorney General consulted the Justice Department’s Office of Legal Counsel (OLC) for guidance. Based on HHS’s medical and scientific findings and the OLC’s legal advice, the Attorney General initiated a rulemaking process to reclassify marijuana as a Schedule III substance.
The Drug Enforcement Administration’s (DEA) progress on the Biden administration’s proposal to reschedule marijuana has been pushed to 2025. Witness testimonies have been postponed. Chief Administrative Law Judge John Mulrooney issued a preliminary order on October 31, citing insufficient details provided for the list of 25 witnesses set to testify.
What Does This Mean for Marijuana and DOT-Mandated Employees?
Safety-sensitive employees regulated by the Department of Transportation (DOT), including roles such as truck drivers, pilots, and train operators, are required to remain free from marijuana use, regardless of state laws permitting its medical or recreational use. Marijuana use by DOT-mandated employees is still an offense that will remove employees from their safety-sensitive positions until they comply with return-to-duty protocols. This policy underscores the DOT’s commitment to maintaining safety standards in industries that directly affect lives and infrastructure.
Plainly, marijuana and DOT-mandated employees don’t mix. Safety-sensitive employees who fail a DOT-mandated drug test must work with a Substance Abuse Professional (SAP) to regain eligibility for their roles. The SAP conducts an initial evaluation to assess the extent of the substance use issue and recommends a tailored treatment or education plan. After completing the prescribed program, employees must undergo a follow-up evaluation with the SAP to confirm compliance and readiness to return to duty. This process is mandatory under DOT regulations and ensures that individuals address their substance use issues while maintaining public safety in their safety-sensitive roles.
Finding a SAP with SAP Referral Services
Safety-sensitive employees who fail a DOT drug test can locate a qualified Substance Abuse Professional (SAP) through services like SAP Referral Services (SRS). SRS connects individuals to a nationwide network of qualified SAPs who specialize in guiding employees through the return-to-duty process. By offering personalized support, SRS ensures employees find SAPs with the necessary qualifications and experience to meet DOT standards. If you’re dealing with an incident regarding marijuana and DOT-mandated employees, contact SAP Referral Services today.