WASHINGTON — Some truck drivers are urging the Biden administration to approve reclassifying marijuana to a Schedule III drug, but employers that fear safety would decline and put trucking companies at risk are pushing back.
Only a fraction of the more than 20,000 comments filed so far in the rulemaking, published in May by the U.S. Department of Justice’s Drug Enforcement Administration, are from truck drivers. (The comment period ends July 22.) But so far, they overwhelmingly — and anonymously — favor reclassification.
“As a truck driver in the United States I would like to be able to use marijuana on my time off just the same as any driver can come home and drink alcohol on their time off,” stated one commenter.
“I 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 ‘dirty’ 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.”
Another driver commented: “We can go have drinks after we get done from a long day (partaking in something that is known to cause death and serious injuries when incoherent) but we can’t smoke something that has medical benefits, something that will help truckers sleep better at night, deal with pain from being behind the wheel and [from] basic physical activity from the job, and deal with stress anxiety of the job and being away from home.”
A CDL holder who claimed to also be a driver trainer said safety concerns raised by the American Trucking Associations, including the risk that impaired truck drivers operating undetected on the nation’s roadways would increase, are valid.
However, “de-scheduling would not be equal to it being ok for drivers to use cannabis while actively working,” the commenter said. “I 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 — and the same would apply to those who take cannabis.”
The U.S. Department of Health and Human Services recommended reclassifying marijuana – currently a Schedule 1 substance along with LSD and heroin – to DOJ last year, after HHS determined that marijuana has a “relatively lower level of abuse compared to drugs currently scheduled in Schedules I and II and its evaluation that marijuana may lead to moderate or low physical dependence and has a low likelihood of psychic dependence.”
However, ATA pointed out that current DOT drug and alcohol testing requirements are limited in their testing authority by HHS, which allows regulated employers to test only for those drugs listed in Schedule I or II.
Therefore, without providing an exception for truck-driver testing, rescheduling the drug without could lead to more highway deaths, according to ATA – particularly given that close to 60% of all positive employer drug tests were pegged to marijuana, based on recent federal data.
Regulatory carve-out needed?
Janet Kornmann, owner of KorManagement Services LLC, a drug and alcohol screening consultancy, agrees with ATA that there should be a “safety carve out” to allow HHS to continue to test for marijuana for those working in certain industries, such as trucking.
“These safety-sensitive employees have been subject to testing for marijuana and other drugs since shortly after catastrophic accidents caused by marijuana use occurred in the mid- and late-1980s,” Kornmann stated in comments filed in the rulemaking.
“My concern is that if marijuana rescheduled as a Schedule 3 drug … it will give [those who use it] the false pretense that the drug is okay to use anywhere anytime. If that person works in a safety-sensitive position where they can harm themselves, other employees or the public this may become an issue as this drug does affect response time and critical thinking.”
Nicole
When the drivers we have out here can actually be professional while doing their job then maybe consider pot. Unfortunately I have minimal of 5 trucks swerving into my lane a day, can’t even give a number of people texting or with there feet on the dash, drivers racing down mountains never using brakes, throwing trash everywhere, how many hoods get yanked at a truckstop daily? I mean the list could go on forever, it’s like babysitting a bunch of infants and you really think it’s a great idea too let them get high??? When they can’t even do there jobs properly??? I can’t even count on one hand in the last 10 years I’ve seen anyone do a real government pre/post trip! Go home and get a job at McDonald’s if you feel the need to be stoned. Because majority of you can’t even do your job correctly! This has got to be some kind of joke or clickbait.
J. E. Hoover
Something about smoking weed just makes most people a little more stupid, plain and simple. Ask any responsible person from a state that has legalized Marijuana and they will tell you that things in general have gone down hill. Look at the overall quality of truck drivers as we speak, their general demeanor, bonehead accidents, the cost of insurance, etc. And you want to make it easy for them to smoke pot?? ARE WE HEADED DOWN HILL LIKE A SNOWBALL HEADED FOR HELL?
Space
We are grown adults!! Why are they Treating us like children like we don’t understand we’re not supposed to use marijuana on the job!!! Just like I know I can’t drink alcohol on the job! The same rules apply we’re not stupid!!
Dr. Kevin Pettes
Trucking is difficult enough just staying awake for 14 hours then shower eat paperwork call home then sleep. If anyone thinks hittin a dube with this kind of schedule must be completely overwhelmed by a complete lack of understanding of this Topic. My recommendation to those who think specific % of particulates could be a guide in Drug testing should Pull the Thing to the Curb. Maybe more qualified Drivers would be then considered Road Worthy & deter the shortage that impairs this segment of the Industry.
Kristopher Keller
I was a driver for years, still hold a class A, but got fired from a company over failing a pre employment test for marijuana. Never smoked while on duty, had actually quit for over a month before the test, and only ever had 2 speeding tickets over the course of YEARS. Now I work in maintenance…no accidents, never had an OOS, yet I can’t find any company to be able to complete SAP and return to duty? But someone can get a DUI/DWI, wait a year or so, and get right back in a seat… I’d be all for a fair compromise, but FMCSA is basically making it impossible for people like me to do what we drivers do best.
Todd
The DEA is reclassifying marijuana, NOT sleepy joe.
Josh
I’ve been around a lot of drivers, a lot of drivers have had accidents, needed tows, these aren’t smokers but alcoholics. Weed should be allowed to be consumed like alcohol, I rather drive with a weed hangover than a alcohol driven one. That being said neither should be consumed before or during work, but to ban the safer option is beyond idiotic.