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More than 50 years following its designation by the federal government as having a high potential for abuse, marijuana might undergo a reclassification from a Schedule 1 to a Schedule 3 drug, as proposed by the Biden Administration. This change would put marijuana in the same category as substances considered to have a “moderate to low potential for physical and psychological dependence,” like Tylenol with codeine.
Today, marijuana is grouped with LSD and heroin. This adjustment wouldn't decriminalize marijuana under federal law, although some say this could be seen as a step in that direction.
Sha'Ron James, a regulatory lawyer and public policy strategist, says a shift in federal marijuana classification could lead to significant changes in regulation and research.
“Interestingly, in order to do research related to marijuana, the specific marijuana that you're studying can only be received through one entity," she explains. This potential change could broaden research opportunities, allowing for exploration into the effects of various marijuana strains on health conditions like chronic pain.
Michelle Foye, CEO (Chief Executive Officer) of Precis Screening, warns that [commercial] truck drivers may no longer be tested for marijuana.
"If the rule change goes through, DOT [U.S. Department of Transportation] would have the tough job of evaluating its drug testing policy to continue screening safety-sensitive occupations it regulates for marijuana use. Non-regulated workplace drug policies might also be updated to continue drug testing employees for marijuana use even though its reclassification would put it in the same group of drugs that are considered to have low physical and psychological tolerance."
Ms. Foye doesn't foresee this change hurting the drug-testing industry as a business because she anticipates opportunities arising from the need for proactive workplace policies and education.
She said, “Employers might want to call a company like ours to say, ‘Hey, how can we be proactive in educating our employees? Can you check out our drug and alcohol policy and program?’”
The Department of Justice's announcement on May 16 initiated a formal rulemaking procedure, allowing for public comment until July 22, 2024.
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