Drug Reclassification: About Controlled Substances DOT

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On June 28, 2024

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The US Department of Transportation does not plan on altering the trucking industry’s ability to screen for marijuana, even if the drug is rescheduled, Transportation Secretary Pete Buttigieg confirmed this week.

Buttigieg confirmed that the DOT’s proposal to reschedule marijuana from a Schedule I to a Schedule III drug will not impact marijuana screening in the transportation industry in the wake of a second letter of concern from the American Trucking Associations. Buttigieg’s confirmation was directed at Congressman Rick Crawford.

We are grateful to Congressman Crawford for elevating this serious issue, and we appreciate Secretary Buttigieg’s focus on providing the transportation industry with the clarity it needs to continue screening for marijuana use among safety-sensitive transportation workers. If the trucking industry’s ability to conduct drug testing for marijuana use were to be restricted, a heightened risk of impaired drivers would threaten our nation’s 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.

American Trucking Associations President & CEO Chris Spear

Our understanding of the rescheduling of marijuana from Schedule I to Schedule III is that it would not alter DOT’s marijuana testing requirements with respect to the regulated community.

Secretary Buttigieg

CBD screening procedure from FMCSA

The Department of Transportation requires testing for marijuana and not CBD.
The labeling of many CBD products may be misleading because the products could contain higher levels of THC than what the product label states. The Food and Drug Administration (FDA) does not currently certify the levels of THC in CBD products, so there is no federal oversight to ensure that the labels are accurate. The FDA has cautioned the public that: “Consumers should beware purchasing and using any [CBD] products.” The FDA has stated: “It is currently illegal to market CBD by adding it to a food or labeling it as a dietary supplement.”* Also, the FDA has issued several warning letters to companies because their products contained more CBD than indicated on the product label.
The Department of Transportation’s Drug and Alcohol Testing Regulation, Part 40, does not authorize the use of Schedule I drugs, including marijuana, for any reason. Furthermore, CBD use is not a legitimate medical explanation for a laboratory-confirmed marijuana positive result. Therefore, Medical Review Officers will verify a drug test confirmed at the appropriate cutoffs as positive, even if an employee claims they only used a CBD product.