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Dive Summary:
- The trucking industry is raising concerns about President Joe Biden downgrading marijuana to a lower level of drug classification — especially how the move could threaten highway safety.
- American Trucking Associations’ and Owner-Operator Independent Drivers Association questions about reclassification of cannabis from a Schedule I drug to a Schedule III drug include how it will affect carriers’ ability to substance test drivers.
- “Absent express authorization for continued employer marijuana testing of safety-sensitive workers, this change could have significant negative consequences for highway safety and safety-sensitive industries,” the ATA said. in a letter to three federal department heads.
Dive Insight:
While opinions on marijuana may differ among members of the trucking industry, a collective concern is that existing drug tests do not differentiate between active impairment and use in the past month or so.
Some drivers might argue that’s unfair, because “what a guy did a month ago has nothing to do with what he’s doing today,” said OIODA EVP Lewie Pugh in an interview.
“Whether you’re for it or against it, or whatever, there’s still a lot of questions around transportation and other workforces,” Pugh said.
The American Transportation Research Institute has highlighted the shared frustration of drivers and carriers with current testing restrictions.
Marijuana rescheduling “has no direct, immediate effect on drug testing programs for commercial drivers.” OIDA President Todd Spencer said in a statement.
But retired Federal Motor Vehicle Safety Administration Safety Director Jack Van Steenburgh raised many questions of his own about the reclassification of cannabis. in a LinkedIn post.
“What will be the impact on CDL drivers if marijuana is reclassified as a schedule III drug?” wrote Van Steenburg. “Will it still be a disqualifying offense? Will drivers still be banned from operating a CMV?’
Dan Horvath, ATA’s Vice President of Regulatory Affairs and Safety Policy, expressed concern about carriers losing the ability to screen their drivers in his letter of May 15 to Attorney General Merrick Garland, Health Secretary Xavier Becerra and Transportation Secretary Pete Buttigieg.
Current federal Department of Transportation drug and alcohol testing requirements allow trucking industry employers to test only for Schedule I or Schedule II drugs, the ATA noted.
“If the ability of the trucking industries and broader transportation to conduct drug testing is curtailed, the risk of impaired drivers operating on our nation’s roads undetected will increase, endangering everyone who shares the road,” Horvath wrote.
As of March, marijuana violations accounted for 60 percent of all positive drug tests among truck drivers, Horvath noted, citing the federal Drug & Alcohol Enforcement Agency.
“While the ATA recognizes the prevalence and growing social acceptance of medical and recreational marijuana, in the absence of impairment standards, testing for marijuana use by safety-sensitive workers should remain in place,” he wrote.