By Jonathan Baktari, MD, US Drug Test Centers
With evolving legislation, the legalization of certain drugs continues to change. There have been a lot of question marks around THC, the psychoactive substance in marijuana. Over the years, we’ve watched as the legalization of marijuana has quickly spread across the country state and local levels. Meanwhile, marijuana is still illegal at the federal level. This has created quite a gray area for many employers, who are responsible for deciding what they will and will not allow in the workplace.
So far, businesses under the U.S. Department of Transportation have been minimally impacted by the changes at the state and local levels. Their mandate to test is still clear.
But that could change soon. Here’s why: Back in 2024, the U.S. Department of Justice proposed rescheduling marijuana from a Schedule I to a Schedule III drug. This could result in a significant, direct impact for DOT-regulated industries and owner operators.
Important note: I want to point out that rescheduling a drug is not related to its general legalization. These are two different conversations, and the terms “rescheduling” and “legalizing” should not be used interchangeably.
From Schedule I to Schedule III: What does it all mean?
As you likely already know, drugs are organized into five separate schedules under the Controlled Substances Act, based on the acceptable medical use of each, in addition to the potential for abuse or dependency. For instance, Schedule I drugs (like LSD and heroin) have a very high potential for abuse and dependence and have no accepted medical use. Under the DOT, Schedule I drugs are entirely prohibited.
Schedule III drugs, on the other hand, have a moderate to low potential for abuse and dependence. Some examples include ketamine and anabolic steroids. Ketamine, for instance, is a general anesthetic. Anabolic steroids might be prescribed for male hypogonadism and certain forms of breast cancer.
How did the scheduling debate start?
Back in May of 2024, the Department of Justice proposed the rescheduling. This proposal was consistent with the stance of the Department of Health and Human Services: that marijuana does indeed have acceptable medical uses—for example, in the treatment of Alzheimer’s disease, HIV/AIDS, epilepsy, and Crohn’s disease.
It also aligns with the HHS’s view on marijuana’s potential for abuse and dependence. Marijuana use disorder does exist, but the argument here is that it still isn’t nearly as addictive as something like heroin.
Put simply, DOJ and HHS argue that marijuana doesn’t qualify as a Schedule I drug, unlike LSD and heroin. Rather, it better aligns with the characteristics of a Schedule III substance.
As of right now, conversations around rescheduling THC are ongoing and no final decisions have yet been made.
How would this impact DOT businesses?
Marijuana is currently a Schedule I drug at the federal level. This means it’s completely prohibited for DOT businesses. Employers under the DOT cannot override this. Nor can local and state marijuana laws impact DOT workplace drug testing.
If marijuana were switched to a Schedule III drug, however, it would no longer fall under the Department of Transportation’s regulations. This technically means that employees of businesses under the DOT could use marijuana. It would also impact a business’s ability to screen for marijuana, as DOT would no longer have the authority to test, and the employer would have to follow local and state laws unless a safety carve-out is implemented.
The intention of a safety carve-out is to ensure that commercial motor vehicle (CMV) drivers and other transportation professionals in safety-sensitive positions continue to be tested for THC. This way, regardless of the rescheduling, the DOT’s testing requirements would remain the same: Employees will be expected to show up 100% sober, 100% of the time.
Why does potential rescheduling matter?
In addition to threatening the ability of DOT employers to ensure that safety-sensitive employees are indeed sober and safe when fulfilling their duties through testing, the possible change also points to a bigger shift in how we view drug use in general.
A shift toward a more relaxed stance on THC reflects our nation’s increasing legalization of marijuana for both medicinal and recreational use, and it could be reflected in the lifestyle choices of drivers and other professionals doing safety-sensitive work.
It also brings up questions about the medicinal use of marijuana specifically. Will drivers and other safety-sensitive workers have more leeway when it comes to medicinal applications of THC as recommended by healthcare providers? Currently, the DOT doesn’t allow marijuana use even for medical reasons.
Will the boundaries change? Where will the line be drawn?
Businesses should continue to be vigilant
Regardless of whether marijuana remains a Schedule I drug or is moved to Schedule III, it doesn’t change what matters for DOT businesses: keeping safety-sensitive professionals completely sober so that they can safely perform their job functions while protecting themselves and the people around them.
This means prohibiting any and all marijuana use, even when employees are off the clock. (Remember, THC stays in the body long after the individual has finished consuming it.)
Employees under the influence—even if they feel sober—can cause accidents, make more errors, and are more likely to commit crime on the job. When it comes to safety-sensitive workers in the DOT, one simple mistake can quite literally be fatal. There are other ramifications too: Drug use on the job can impact your bottom line tremendously.
DOT companies and owner-operators should continue to do thorough drug and alcohol testing and prohibit all use of mind-altering substances. Businesses will greatly benefit from working with a third-party administrator (TPA) who can help them manage their complete drug and alcohol testing program, alongside their membership with the Clearinghouse.
The safety of your employees, and the general public, depends on keeping drugs and alcohol out of the workplace.