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The federal government’s proposal to reclassify marijuana from Schedule 1 to Schedule 3 has sparked debate over its impact on drug testing, especially in safety-sensitive jobs. If this change is made, marijuana would be reclassified as a less dangerous drug and put 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 a Schedule 1 drug grouped with LSD, heroin, and other drugs that lack accepted medical use and have the potential for abuse. The process for a Controlled Substance Act rule change could take a year, and approval would not automatically end the federal ban on marijuana.
Mark Magsam, drug testing expert and founder of remedyNOW Consulting, warns that reclassification could “challenge” established drug-free workplace policies. “The Department of Transportation (DOT) is only allowed to test for Schedule 1 and Schedule 2 illegal drugs,” explains Mr. Magsam. “We truly believe that [reclassification] is going to turn our industry upside down, because it's going to change how policies will need to be written. It's going to change how the testing may be done, if at all, sometime,” he predicts.
Under Schedule 3, Mr. Magsam explains, marijuana might be treated more like a prescription drug, potentially allowing workers in federally regulated industries, such as mass transit, aviation, and commercial trucking, to use marijuana legally without employer drug testing.
Mr. Magsam suggests federal legislation or executive orders reaffirming marijuana's status in safety-sensitive jobs. Meanwhile, employers could update their policies to maintain bans on marijuana use, aligning with safety concerns.
Employers often require drug testing to maintain a safe workplace. Despite testing advances, Mr. Magsam notes limitations in assessing cannabis impairment due to individual differences in metabolism and potency.
At a recent conference he attended, Mr. Magsam says CEOs shared that employee substance use was a top concern. A survey of 500 workers in California revealed that 53% of those surveyed use cannabis daily before going to work, and 48% stated they use cannabis during work breaks.
The potential marijuana reclassification prompts a review of regulatory frameworks and workplace policies to balance public safety with evolving laws. The debate reflects concerns about enforcing consistent safety standards nationwide, according to Mr. Magsam.
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