Move to Reclassify Cannabis Raises Public Safety Concerns

Editor's note: This commentary is provided by the Medical Marijuana Education and Research Initiative (MMERI) of Florida A&M University.

The federal government’s proposal to reclassify marijuana from Schedule 1 to Schedule 3 has sparked debate over its impact on drug testing, especially in safety-sensitive jobs. Schedule 1 drugs lack accepted medical use and have a high potential for abuse. The process for a Controlled Substance Act rule change could take a year, and approval would not automatically end the federal ban on marijuana.

Mark Magsam, a drug testing expert and founder of remedyNOW Consulting, has warned that reclassification could "challenge" established drug-free workplace policies. Magsam explained, "The Department of Transportation (DOT) is only allowed to test for Schedule 1 and Schedule 2 illegal drugs." He believes that the reclassification is likely to significantly impact the industry, leading to changes in how policies are written and how testing may be conducted, if at all.

Under Schedule 3, Magsam explains that marijuana might be treated more like a prescription drug. This change could potentially allow workers in federally regulated industries, such as mass transit, aviation, and commercial trucking, to use marijuana without employer testing legally.

Magsam suggests enacting federal legislation or issuing executive orders to reaffirm marijuana's status in safety-sensitive jobs. Meanwhile, employers could revise their policies to uphold bans on marijuana use, aligning with safety concerns.

Employers often require drug testing for a safe workplace, but assessing cannabis impairment has limitations due to individual differences in metabolism and potency.

At a recent conference, Magsam noted that CEOs identified employee substance use as a major concern. A survey of 500 workers in California revealed that 53% use cannabis daily before work and 48% during work breaks.

"The potential reclassification of marijuana necessitates a review of regulatory frameworks and workplace policies to balance public safety with evolving laws," Magsam stated.

Visit bit.ly/MMERIJune2024 to watch MMERI’s Conversations on Cannabis Virtual Forum featuring Mark Magsam discussing “Drug testing and marijuana reclassification.”