Trucking Industry Seeks Clarity on Marijuana Rescheduling and DOT Drug Testing

Necann
Wed, Sep 10
Key Points
  • The American Trucking Associations (ATA) has expressed concerns about how federal marijuana rescheduling from Schedule I to Schedule III could undermine drug testing programs for commercial drivers regulated by the Department of Transportation (DOT).
  • ATA stresses the importance of preserving drug testing authority and safety safeguards for safety-sensitive workers, warning that rescheduling without explicit measures could jeopardize highway safety and enforcement efforts.
  • The association highlights challenges such as a lack of reliable roadside marijuana impairment tests and the ongoing workforce shortage in trucking, noting that safety must not be compromised despite potential recruitment benefits from marijuana policy changes.
  • ATA urges federal agencies including DOT, HHS, and the Department of Justice to coordinate proactively to maintain effective commercial driver drug testing programs as federal marijuana rescheduling discussions advance.

The American Trucking Associations (ATA) has raised concerns about the potential impact of federal marijuana rescheduling on drug testing programs for commercial drivers. In a letter sent to Department of Transportation (DOT) Secretary Sean Duffy, ATA Chief Operating Officer Dan Horvath requested clarity on how the agency plans to maintain drug testing authority if cannabis is moved from Schedule I to Schedule III under the Controlled Substances Act.

“ATA does not hold a formal position on marijuana legalization or deregulation,” Horvath said. “But we are deeply concerned about the safety risks of rescheduling marijuana without explicit safeguards to preserve the necessary testing authority and technical requirements for DOT-regulated safety-sensitive workers.”

The association highlighted that current federal law mandates commercial drivers abstain from cannabis and subjects them to various forms of drug screening, including pre-employment and randomized tests. DOT regulations follow guidelines set by the Department of Health and Human Services (HHS), and rescheduling marijuana could remove mandatory testing requirements or complicate enforcement.

ATA’s letter warns that without clear measures, “such a federal policy shift could have serious consequences for highway safety and the integrity of the national transportation network.” The letter also cites the lack of a widely accepted roadside test to determine marijuana impairment, which complicates efforts to prevent impaired driving.

The trucking sector is already facing significant workforce challenges. A recent policy paper noted a shortage of approximately 80,000 drivers last year, partially due to zero-tolerance marijuana policies. Advocates of rescheduling say acknowledging medical use and reducing stigma could help recruitment, but the ATA emphasizes that safety safeguards must remain.

The letter follows repeated communications with the DOT under previous administrations, with ATA requesting formal responses regarding the impacts of potential rescheduling on drug testing programs. Concerns have been echoed by the National Transportation Safety Board (NTSB), which warned that rescheduling could create a “blind spot” for safety-sensitive workers.

Meanwhile, research on cannabis’s impact on driving remains inconclusive. Reports from the Congressional Research Service and the American Transportation Research Institute show mixed evidence on how cannabis use affects driver performance and highway safety, complicating policy development.

With federal rescheduling potentially imminent, the ATA is urging DOT, HHS, the Department of Justice, and lawmakers to proactively coordinate to ensure that commercial driver testing programs remain robust and enforceable.

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