{"id":76996,"date":"2024-07-24T04:54:42","date_gmt":"2024-07-24T12:54:42","guid":{"rendered":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2024\/07\/24\/federal-safety-board-says-marijuana-rescheduling-could-imperil-truck-driver-drug-testing-despite-transportation-secretarys-assurances\/"},"modified":"2024-07-24T19:46:21","modified_gmt":"2024-07-25T03:46:21","slug":"federal-safety-board-says-marijuana-rescheduling-could-imperil-truck-driver-drug-testing-despite-transportation-secretarys-assurances","status":"publish","type":"post","link":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2024\/07\/24\/federal-safety-board-says-marijuana-rescheduling-could-imperil-truck-driver-drug-testing-despite-transportation-secretarys-assurances\/","title":{"rendered":"Federal Safety Board Says Marijuana Rescheduling Could \u2018Imperil\u2019 Truck Driver Drug Testing, Despite Transportation Secretary\u2019s Assurances"},"content":{"rendered":"<\/p>\n

The National Transportation Safety Board (NTSB) is warning that marijuana rescheduling could create a \u201cblind spot\u201d with respect to drug testing of federally regulated workers in safety-sensitive positions\u2014despite assurances last month from U.S. Transportation Secretary Pete Buttigieg that the cannabis rescheduling proposal \u201cwould not alter\u201d the federal drug testing requirements<\/a>.<\/p>\n

NTSB said in a press release on Tuesday that the Biden administration\u2019s proposed move of cannabis to Schedule III of the Controlled Substances Act (CSA) \u201ccould imperil federally required drug testing for airline pilots, truck drivers, and many others in safety-sensitive positions.\u201d<\/p>\n

\u201cMoving marijuana to Schedule III without taking steps to ensure that marijuana testing remains within the scope of pre-employment, random, reasonable suspicion, and post-accident drug testing would create a safety \u2018blind spot,’\u201d the board said.<\/p>\n

\u201cThe NTSB is concerned that the proposed rule to move marijuana to Schedule III of the CSA would, upon becoming effective, immediately prohibit continued testing of safety-sensitive transportation employees for marijuana use\u201d under relevant regulations, the comment submitted to the federal docket said, \u201cbecause the HHS-certified laboratories used for such testing are not authorized to test for Schedule III controlled substances.\u201d<\/p>\n

\u201cThis would mean that airline pilots, airline maintenance workers, bus and truck drivers, locomotive engineers, subway train operators, ship captains, pipeline operators, personnel transporting hazardous materials, and other safety-sensitive transportation employees would be prevented from being tested for marijuana use,\u201d NTSB claims.<\/p>\n

Many of those positions are regulated by the Department of Transportation (DOT).<\/p>\n

The board is therefore urging the Drug Enforcement Administration (DEA) to \u201censure that any final rule to reschedule marijuana does not compromise marijuana testing under DOT and HHS procedures applicable to safety-sensitive transportation employees.\u201d<\/p>\n

In a hearing late last month with congressional lawmakers, however, Buttigieg said that DOT specifically lists marijuana as substance to screen for. Even if rescheduling were to take place, he said, that wouldn\u2019t change DOT\u2019s testing rules.<\/p>\n

\u201cOur understanding of the rescheduling of marijuana from Schedule I to schedule III is that it would not alter DOT\u2019s marijuana testing requirements with respect to the regulated community,\u201d the secretary said at the time. \u201cFor private individuals who are performing safety-sensitive functions subject to drug testing, marijuana is identified by name, not by reference to one of those classes. So even if it moves in its classification, we do not believe that that would have a direct impact on that authority.\u201d<\/p>\n

DOT did not immediately respond to a request for comment from Marijuana Moment on Tuesday on how NTSB\u2019s concerns<\/a> square with Buttigieg\u2019s testimony.<\/p>\n

At the hearing, Buttigieg was responding to a question from Rep. Rick Crawford (R-AR) during a hearing of the House Committee on Transportation and Infrastructure. The congressman had referenced concerns from the American Trucking Associations (ATA) \u201cabout the broad public health and safety consequences of reclassification on the national highway system<\/a>\u00a0and its users,\u201d which ATA voiced in a recent letter to Buttigieg.<\/p>\n

\u201cThe rescheduling and deregulation of marijuana would inevitably cause a number of people driving impaired while high to grow,\u201d Crawford said. \u201cCan you speak to what your department\u2019s doing to ensure that transportation workers and safety reliant positions can continue to be tested for marijuana use if this proposal goes forward and how your department plans to address transportation safety in light of DOJ rulemaking?\u201d<\/p>\n

Buttigieg replied that \u201cany impaired driving\u2014via alcohol, marijuana or any other source of impairment\u2014is, of course, a major safety concern.\u201d<\/p>\n

While the transportation continued that DOT is \u201ccontinuing to evaluate any indirect impact\u201d of rescheduling, he said the agency doesn\u2019t expect \u201cany drug testing requirement relevant to that to be changed based on the reclassification decision.\u201d<\/p>\n

\u201cLikewise, I should mention for federal employees, including any DOT employees who have a security clearance or safety-sensitive position, we do not understand that to be changed,\u201d Buttigieg\u00a0said.<\/p>\n

It\u2019s not immediately clear which other federal employees would still be required to be tested for marijuana use if rescheduling goes through. While Buttigieg is correct that drivers are required\u00a0to be tested for a panel of drugs, including marijuana, federal employees are subject to both blanket workforce policies and agency-specific ones.<\/p>\n

As it stands, the use of Schedule I and Schedule II drugs by federal government workers is prohibited under a 1986\u00a0executive order\u00a0from then-President Ronald Reagan that established the Federal Drug-Free Workplace program. While individual agencies have adopted their own policies regarding drug use, many are rooted in the Reagan order.<\/p>\n

Because that order defines \u201cillegal drugs\u201d as only those in Schedules I and II,\u00a0some attorneys believe rescheduling to Schedule III could lift marijuana restrictions<\/a>\u00a0that currently apply to all federal workers.<\/p>\n

At a separate hearing on Tuesday, NTSB Chair Jennifer Homendy submitted written testimony highlighting the board\u2019s concerns about rescheduling.<\/p>\n

\u201cAs you know, the NTSB has long been concerned about impairment in all modes of transportation,\u201d she said<\/a>. \u201cThis includes our concerns about marijuana use among crewmembers and other safety-sensitive personnel in rail. We believe there will be a serious negative impact on transportation safety if the DEA moves forward with rescheduling without addressing the issues further detailed in our comment.\u201d<\/p>\n

At last month\u2019s earlier hearing with Buttigieg, Rep. Michael Bost (R-IL) also pressed the transportation secretary on the impact of marijuana rescheduling on drug testing for truckers, school bus drivers, subway operators and other federally regulated transportation workers.<\/p>\n

\u201cOur commitment to that testing continues regardless of the schedule, and we believe our authorities are intact too, because they don\u2019t call for testing by reference to where marijuana sits in its classification, but rather, it\u2019s specifically named,\u201d Buttigieg responded. \u201cSo whether we\u2019re talking about the regulated community, those drivers you were talking about, or whether we\u2019re talking about our own personnel, somebody with a security clearance or somebody in a tower, our understanding is, at this time, is that nothing about that reclassification would change our practices.\u201d<\/p>\n

Chris Spear, ATA\u2019s CEO, said afterward that he appreciated the exchange between Crawford and Buttigieg.<\/p>\n

\u201cWe are grateful to Congressman Crawford for elevating this serious issue, and we appreciate Secretary Buttigieg\u2019s focus on providing the transportation industry with the clarity it needs to continue screening for marijuana use among safety-sensitive transportation workers,\u201d Spear said. \u201cIf the trucking industry\u2019s ability to conduct drug testing for marijuana use were to be restricted, a heightened risk of impaired drivers would threaten our nation\u2019s roadways. DOT and ATA share the goals of achieving zero highway fatalities and ensuring the commercial driving workforce is qualified to safely operate, which is why we are committed to partnering with DOT to mitigate harmful impacts caused by the potential reclassification of marijuana.\u201d<\/p>\n

The ATA letter to Buttigieg was \u201cpart of an ongoing effort to raise the alarm\u201d about the proposal to move marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA), the group said in an earlier press release. \u201cThis major policy shift could have significant negative consequences for highway safety, endangering all who share the road.\u201d<\/p>\n

ATA said it intended to engage the Department of Justice (DOJ), the Department of Health and Human Services (HHS) \u201cand other federal partners to ensure that any change in the law regarding the status and legality of marijuana use is accompanied by an explicit allowance for the testing of marijuana use by DOT-regulated safety-sensitive workers.\u201d<\/p>\n

But while the trucking\u00a0industry\u00a0<\/em>is raising the alarm, truckers\u00a0themselves<\/em>\u00a0apparently feel differently about the proposed policy shift. As part of an ongoing public comment period around rescheduling, some commercial drivers have weighed in to defend rescheduling.<\/p>\n

Comments from truckers overwhelmingly favor the change, though at least some appeared to believe rescheduling would indeed allow them to use medical marijuana while away from work.<\/p>\n

\u201cAs a truck driver in the United States I would like to be able to use marijuana on my time off,\u201d one said in a submitted comment. \u201cI believe it is unfair that I can lose my job and my license if I have used marijuana and a month later I can still lose my job if I come out \u2018dirty\u2019 in a random drug test. The statistics are there and proven that alcohol is the leading cause of death in car accidents compared to nearly zero percent with marijuana.\u201d<\/p>\n

Another trucker, who also claimed to be a driving instructor, pushed back on the notion that the regulatory change would signal to drivers that it\u2019s OK to consume before a shift.<\/p>\n

\u201cI would expect my drivers to not drink alcohol at work, take NyQuil before a shift or a prescription that would interfere with driving, or get behind the wheel with lack of sleep,\u201d the commenter wrote, \u201cand the same would apply to those who take cannabis.\u201d<\/p>\n

More broadly, nearly 9 in 10 who submitted comments on marijuana rescheduling supported moving the substance out of Schedule I<\/a> of the CSA, according to a new analysis by the firm Headset. A separate analysis from the Drug Policy Alliance found that roughly 70 percent of commenters support decriminalizing marijuana or removing cannabis from the CSA completely.<\/p>\n

As more states legalize marijuana, a federal report published earlier this year showed that the number of\u00a0positive drug tests among commercial drivers<\/a>\u00a0fell in 2023 compared to the year before, dropping from 57,597 in 2022 to 54,464 in last year. At the same time, however, the number of drivers who refused to be screened at all also increased by 39 percent.<\/p>\n

Another question found that 65.4 percent of motor carriers believed current marijuana testing procedures should be replaced with methods that measure active impairment.<\/p>\n

At the time, the report from the American Transportation Research Institute (ATRI) noted a 65,000-driver deficit in the country and said the fear of positives over marijuana metabolites\u2014which can remain in a person\u2019s blood far long after active impairment\u2014may be keeping would-be drivers out of the industry.<\/p>\n

The record-high number of refusals came as the transportation industry faces a nationwide shortage of drivers, which some trade groups have said has only been made worse by drug testing policies that risk flagging drivers even when they\u2019re not impaired on the job.<\/p>\n

Current federal law mandates that commercial drivers abstain from cannabis, subjecting them to various forms of drug screening, from pre-employment to randomized testing.<\/p>\n

In June of last year, meanwhile, a American Transportation Research Institute (ATRI) survey of licensed U.S. truck drivers found that\u00a072.4 percent supported \u201cloosening\u201d cannabis laws and testing policies<\/a>. Another 66.5 percent said that marijuana should be federally legalized.<\/p>\n

Cannabis reform advocates, meanwhile, have also\u00a0called on federal officials to change what they call \u201cdiscriminatory\u201d drug testing practices<\/a>\u00a0around the trucking industry.<\/p>\n

\u201cTens of thousands of workers are leaving the commercial trucking industry because the federal government refuses to update its antiquated marijuana policies,\u201d Paul Armentano, deputy director of NORML, wrote in a Marijuana Moment op-ed earlier this year. \u201cFewer truckers on the road results in supply chain shortages and higher prices for the goods Americans rely on.\u201d<\/p>\n

A top Wells Fargo analyst said in 2022 that there\u2019s one main reason for rising costs and worker shortages in the transportation sector: federal marijuana criminalization and\u00a0resulting drug testing mandates<\/a>\u00a0that persist even as more states enact legalization.<\/p>\n

Rep. Earl Blumenauer (D-OR) sent a letter to the head of DOT in 2022, emphasizing that the agency\u2019s policies on drug testing truckers and other commercial drivers for marijuana are\u00a0unnecessarily costing people their jobs<\/a>\u00a0and contributing to supply chain issues.<\/p>\n

Last year\u2019s ATRI report noted that research into the impact of cannabis use on driving and highway safety is currently mixed, complicating rulemaking to address the issue. A separate\u00a02019 report from the Congressional Research Service (CRS)<\/a>\u00a0similarly found that evidence about cannabis\u2019s ability to impair driving is inconclusive.<\/p>\n

Also last year, DOT\u00a0finalized a rule permitting another alternative option to screening urine samples<\/a>: saliva-based testing. Depending on frequency of use, THC is generally detectable in saliva anywhere from one to 24 hours after use, according to the agency.<\/p>\n

In 2022, meanwhile, DOT proposed guidance warning commercial drivers who use CBD products that\u00a0they are doing so \u201cat their own risk.\u201d<\/a><\/p>\n

A newsletter from DOT\u2019s Federal Transit Administration (FTA) published that same year\u00a0included two sections on cannabis issues<\/a>: one that again reminded employees that they\u2019re barred from using marijuana and another that similarly warned that CBD products remain unregulated and could contain THC levels that are detectable in a drug test.<\/p>\n

Meanwhile the head of ATA told Congress a year ago that\u00a0the state\u2013federal marijuana policy conflict is creating a \u201clitigious environment\u201d for the trucking industry<\/a>, contributing to the challenge of the labor shortage.<\/p>\n

\u201cWant to smoke weed at home? Smoke weed at home. If it\u2019s legal, fine,\u201d ATA President Spear said at the time. \u201cDo not get behind the wheel of an 80,000-pound vehicle. We need to have strong standards, and we need to enforce the law.\u201d<\/p>\n

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Strong Majority Of Marijuana Rescheduling Public Comments Support Even Broader Reform Than Biden\u2019s Plan, Two Analyses Show<\/a><\/p>\n<\/blockquote>\n

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The post Federal Safety Board Says Marijuana Rescheduling Could \u2018Imperil\u2019 Truck Driver Drug Testing, Despite Transportation Secretary\u2019s Assurances<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n


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\nRead More: Federal Safety Board Says Marijuana Rescheduling Could \u2018Imperil\u2019 Truck Driver Drug Testing, Despite Transportation Secretary\u2019s Assurances<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

The National Transportation Safety Board (NTSB) is warning that marijuana rescheduling could create a \u201cblind spot\u201d with respect to drug testing of federally regulated workers in safety-sensitive positions\u2014despite assurances last month from U.S. Transportation Secretary Pete Buttigieg that the cannabis rescheduling proposal \u201cwould not alter\u201d the federal drug testing requirements.Continue Reading<\/a><\/span><\/p>\n","protected":false},"author":24,"featured_media":0,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[18,81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/76996"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/24"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=76996"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/76996\/revisions"}],"predecessor-version":[{"id":76997,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/76996\/revisions\/76997"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=76996"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=76996"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=76996"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}