The National Transportation Safety Board is concerned about a proposed rule by the Drug Enforcement Administration that would move marijuana off the Schedule I controlled substances list because of the potential implications that would have on certifying school bus drivers.
In a July 19 letter to the DEA, NTSB wrote that the proposed move of marijuana to a Schedule III drug of the Controlled Substances Act as published in the Federal Register in May “would prohibit continued federally required testing of safety-sensitive transportation employees for marijuana use because laboratories certified by the U.S. Department of Health and Human Services for such testing are not authorized to test for Schedule III controlled substances.”
Instead, NTSB is urging the DEA to ensure that rescheduling marijuana does not compromise employee testing under the Health and Human Services and U.S. Department of Transportation procedures.
“Removal of marijuana testing from DOT and HHS drug testing panels for safety-sensitive transportation employees would remove a layer of safety oversight that employers have been managing for decades, and it would prevent DOT and HHS drug testing from acting as a deterrent to marijuana use by those employees,” the NTSB stated. “Additionally, the NTSB would no longer have DOT and federal workplace marijuana test results as evidence in our investigations.”
NTSB added that its accident and incident investigations and transportation safety research demonstrate that marijuana is a prevalent drug with performing-impairing effects.
“Consequently, we believe that interactions with transportation systems are among the most important ways in which the public may be exposed to risk from marijuana’s effects,” the NTSB stated via the letter. “This perspective has informed our related recommendations to improve transportation safety. It is also why we believe transportation safety deserves prominence in the national conversation about marijuana rescheduling. Although the NTSB has not made any recommendation concerning marijuana’s scheduling under the CSA, we appreciate this opportunity to share our perspective on marijuana-related transportation safety issues for the DEA to consider during this rulemaking process.”
In May, the Biden administration announced plans to reschedule marijuana from the Schedule I list that includes heroine, LSD and ecstasy. At the time, an FMCSA spokesperson told School Transportation News that there were no imminent related changes to commercial driver’s license drug and alcohol testing requirements.
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NTSB added that it regularly reviews toxicological evidence in its investigations, including DOT drug screening testing of commercial vehicle operators and other safety-sensitive transportation employees subject to testing. The agency added that post-accident drug testing data provides information on drugs use by individuals that may have contributed to an accident or incident.
NTSB added that evidence shows that marijuana impairs the abilities needed to safely operate a vehicle and perform other safety-related tasks by slowing reaction time, altering perception and impairing sustained attention, planning, decision-making and risk assessment.
