OOIDA supports DOT’s stance on marijuana policy, but rescheduling opens unresolved issues

The Owner-Operator Independent Drivers Association is backing the U.S. Department of Transportation’s recent assessment of its drug policy but has several questions as the federal government moves to reschedule marijuana.

On Monday, July 22, OOIDA filed comments on the Drug Enforcement Administration’s notice of proposed rulemaking to reschedule marijuana from a Schedule I controlled substance to a Schedule III. The proposed rule left many unanswered questions for the trucking industry.

One of those questions is whether rescheduling marijuana will affect DOT regulations that prohibit truck drivers from consuming marijuana. That question was answered in June when DOT Secretary Pete Buttigieg told the House Transportation and Infrastructure Committee that the ban should remain intact.

“Our understanding is that the rescheduling of marijuana from a Schedule I to a Schedule III would not alter DOT’s marijuana testing requirements with respect to the regulated community,” Buttigieg said. “For private individuals who are performing safety-sensitive functions in respect to drug testing, marijuana is identified by name and not by reference to one of those classes. So even if it moves in its classification, we do not believe it would have a direct impact on that authority.”

In its comments, OOIDA said it supports the DOT’s position on its marijuana policy.

The Association notes there is no objective standard for marijuana impairment detection or roadside enforcement capabilities.

OOIDA is anticipating future regulatory, legislative and legal actions that may determine if testing for DOT safety-sensitive personnel should be modified. The Association points to several issues that should be addressed when exploring modifying the current marijuana policy, including:

• Impairment levels
• Impairment detection
• Roadside enforcement capabilities
• Medical benefits
• Driver retention

First and foremost, OOIDA states that highway safety must remain the most important factor.

“OOIDA does not, has never – and will never – condone the use of illegal substances for any trucker while operating a CMV, or any vehicle for that matter,” OOIDA President Todd Spencer wrote in comments.

OOIDA’s drug and alcohol consortium, CMCI, helps small-business truckers comply with federal drug and alcohol testing regulations. CMCI currently has over 17,000 participants with over 6,000 testing sites. It provides random drug and alcohol testing services, educational information, semiannual summaries and complete recordkeeping capabilities.

Marijuana rescheduling

The DEA published its notice of proposed rulemaking to reschedule marijuana in May.

Specifically, the federal government wants to reschedule marijuana from a Schedule I drug to a Schedule III drug. Schedule I drugs are those “with no currently accepted medical use and a high potential for abuse,” according to the U.S. Drug Enforcement Administration. That includes heroin, LSD, ecstasy and peyote, to name a few.

Schedule III drugs are substances with a moderate-to-low potential for physical and psychological dependence. These drugs also have an accepted medical use. Examples include ketamine, anabolic steroids, testosterone and products containing less than 90 milligrams of codeine per dosage (Tylenol with codeine).

Rescheduling marijuana neither legalizes nor decriminalizes the drug at the federal level. However, Schedule I and II drugs are subjected to the strictest federal regulations, especially those pertaining to taxes, research and manufacturing.

Impacts on trucking industry and highway safety

Studies have highlighted the negative effect marijuana has on the trucking industry and highway safety in general.

According to the American Transportation Research Institute, the trucking industry is losing thousands of drivers due to marijuana laws. This study revealed that more than 100,000 drivers tested positive for marijuana and were removed from duty from 2020 through 2022. Most of those truck drivers do not follow through with the return-to-duty process.

“Should the federal government maintain current marijuana laws, the trucking industry will continue to have thousands of drivers annually placed in prohibited status and will lose many others to occupations that do not test for marijuana use,” ATRI stated in the study. “Ultimately this puts pressure on the availability of CDL drivers.”

On Thursday, July 18, the National Transportation Safety Board issued a safety alert addressing marijuana-impaired driving. Although the alert is directed at teen drivers, it applies to all motorists.

The safety alert emphasizes that marijuana use affects driving functions, including by decreasing motor coordination, slowing reaction time and impairing judgment of time and distance.

According to the Insurance Institute for Highway Safety, nearly half of states have legalized recreational marijuana use, while 38 states have legalized cannabis for medical use. Marijuana-impaired driving is illegal in every state.

“We’re already behind when it comes to traffic safety, and marijuana-impaired driving is exacerbating the crisis,” NTSB Chair Jennifer Homendy said in a statement. “States have to do a better job of protecting road users from impaired drivers, regardless of the substance or its legality.”

NTSB’s safety alert was accompanied by a final report on the investigation of a 2022 crash that killed six teenagers. A Chevrolet Spark driven by a 16-year-old was struck by a tractor-trailer after rolling through a stop sign. The report attributed the crash to distraction from having five teen passengers in a four-occupant vehicle, limited driving experience and marijuana impairment. LL

Land Line Senior Editor Mark Schremmer contributed to this report.