NTSB alarmed about federal efforts to reclassify marijuana

Washington — Federal action aimed at easing restrictions on marijuana under the Controlled Substances Act could jeopardize federally required drug testing for workers in safety-sensitive jobs, the National Transportation Safety Board warns.

On May 21, the Department of Justice and the Drug Enforcement Administration issued a notice of proposed rulemaking with the intent to reschedule marijuana as a Schedule III controlled substance from Schedule I. Although the move wouldn’t legalize marijuana at the federal level, it would change its classification to a drug with “lower degree of abuse potential” and “a moderate to low level of physical dependence,” the notice states.

Cannabis has long been a Schedule I substance prohibited under federal law, categorized with drugs including heroin, LSD, ecstasy and peyote.

Because the federal government tests safety-sensitive workers for only Schedule I or II controlled substances, NTSB is concerned that the move could compromise the safety of airline pilots, airline maintenance workers, air traffic controllers, bus and truck drivers, and personnel transporting hazardous materials, among others.

Moving marijuana to a Schedule III substance, NTSB asserts in a July 23 press release, should require steps to ensure marijuana testing remains within the scope of pre-employment, random, reasonable suspiscion and post-incident drug testing. Without these steps, the agency says, a safety “blind spot” is sure to form.

The American Trucking Associations, which represents employers, opposes the proposed rule, saying the changes “may have considerable negative consequences.”