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The U.S. Department of Justice (DOJ) is proposing to reclassify marijuana from a Schedule 1 drug to Schedule 3 under the Controlled Substance Act (CSA). This change could remove marijuana from federal drug-testing regulations that currently apply to certain safety-sensitive jobs like airline pilots and truck drivers.
Mark Magsam, a drug-testing expert with 28 years of experience, emphasizes the complexity of the reclassification process. “One of the things that we all clearly need to understand is that the [reclassification] process that’s in place is not something that just happens overnight. It takes a very long time.” Magsam, founder of remedyNOW and chair-elect of the National Drug and Alcohol Screening Association, notes that the process could span several years.
The DOJ’s formal rulemaking, announced on May 21, 2024, led to a 60-day public comment period that ended on July 22, with over 43,000 comments. These will be reviewed, and the proposal may be altered before final implementation.
Greg Henderson, founder of Federal Drug Testing Services, remarks on the low engagement with the proposal. “The average person probably didn’t pay attention to the official ‘Notice of Proposed Rulemaking’ because it was not written in layman’s terms,” Henderson adds that he was surprised that even drug program professionals at major airlines were unaware of the comment period until he informed them.
Both Magsam and Henderson agree that the future of the reclassification is uncertain, particularly with the upcoming presidential election. Magsam notes, “We’re in a holding pattern...this could get stalled, rewritten, or changed entirely come November.”
Active participation in the reclassification process is crucial. Henderson advises individuals to be well-informed and proactive, offering solutions rather than just raising concerns. Magsam emphasizes the importance of engaging with lawmakers to ensure that stakeholders remain involved and informed throughout the process.
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