FMCSA says marijuana policy changes are ‘going to take a while’

October 21, 2022

Ryan Witkowski

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At a time when federal and state marijuana laws are being put under a microscope, the Federal Motor Carrier Safety Administration says any changes to regulations regarding its use are still a ways down the road.

FMCSA’s Medical Review Board Advisory Committee addressed the issue during an Oct. 19 videoconference. The question was posed to the board during the public comment period. According to Dr. Joe Sentef, chief medical adviser for FMCSA, the agency has had informal discussions about making changes to the administration’s policies regarding marijuana.

“As of right now, I don’t think we’ve had anything in the works other than informal talks between the White House and HHS (U.S. Department of Health and Human Services),” Sentef said. “So I would say, if it happens, it’s going to take a while. It’s going to take at least a few years before that happens.”

The question arose following an Oct. 6 statement from the White House regarding marijuana reform, in which the president granted a pardon for all prior federal offenses of simple possession of marijuana. Additionally, the president urged state leaders to do the same for equivalent crimes at the state level and called upon the secretary of Health and Human Services and the attorney general to “initiate the administrative process to review expeditiously how marijuana is scheduled under federal law.”

“Federal law currently classifies marijuana in Schedule I of the Controlled Substances Act, the classification meant for the most dangerous substances,” a statement from the White House read. “This is the same schedule as for heroin and LSD, and even higher than the classification of fentanyl and methamphetamine – the drugs that are driving our overdose epidemic.

Marijuana laws have undergone a dramatic shift in the U.S. over the past two decades.

Currently, 37 states, and the District of Columbia, have laws that permit the medical use of cannabis products. Furthermore, 19 states, as well as Washington, D.C., have enacted measures to regulate marijuana for adult nonmedical use.

Despite the evolving views on the use of marijuana, Sentef says it will take several agencies working collaboratively – and finding common ground – prior to any change being made.

“I don’t see it happening right away because it’s going to be a very slow process, and it’s going to have to be an agreement between FMCSA, CVSA, HHS, and the White House,” he said. “All four would have to be on the same path for anything to change as far as marijuana is concerned.”

While changes to policy may be years away, the board did not dismiss the idea. Shannon Watson, FMCSA’s senior adviser to the associate administrator for policy, said the administration will continue to gather information on the matter.

“It’s FMCSA that tasks the Medical Review Board with tasks. That sounds like a potentially interesting one, and we’ll keep our eyes peeled for more information on that.” LL