A coalition of Republican congressional lawmakers and prohibitionist organizations is advocating for a legislative “carve-out” to federal medical cannabis rescheduling efforts. This proposed measure aims to ensure that safety-sensitive transportation workers continue to be subject to penalties for testing positive for THC, directly impacting future medical cannabis workplace policy.

Representatives Andy Harris (R-MD) and Pete Sessions (R-TX), alongside representatives from Smart Approaches to Marijuana (SAM) and the National Drug and Alcohol Screening Association (NDASA), voiced their concerns at a press conference outside the Capitol. They criticized the potential reclassification of medical cannabis from Schedule I to Schedule III under the Controlled Substances Act (CSA), arguing it could nullify a 1986 executive order signed by President Ronald Reagan that defines illegal drugs as Schedule I and II substances for federal workforce purposes.

Congressional Push for Testing Continuity

The lawmakers and advocacy groups contend that moving cannabis to Schedule III would create a regulatory gap, potentially exempting truck drivers, airline pilots, and other U.S. Department of Transportation (DOT)-regulated workers from current drug testing protocols. To address this, they plan to introduce legislation to codify a “carve-out” within the rescheduling rule, ensuring continued cannabis testing for DOT-certified personnel.

Representative Harris stated, “Congress needs to make certain that, if and when marijuana is rescheduled, that we make certain we can test—and, again, this is to provide certainty to the American public that someone who is using marijuana is not operating something that makes the public unsafe.” He emphasized the need for testing guidelines for individuals in safety-related professions to prevent them from operating under the influence of marijuana.

Representative Sessions echoed these sentiments, asserting that the issue is a “red alert on behalf of public safety.” He highlighted concerns about the impact of marijuana use on various sectors, including public transportation, and reiterated the need for federal law to address these perceived dangers, particularly given the actions of numerous states regarding cannabis legalization.

DOT’s Stance on Rescheduling and Testing

Despite the calls for legislative intervention, the Department of Transportation has maintained that its drug testing policies remain unaffected by the potential Schedule III reclassification. The agency clarified its position in a recent notice, stating, “Marijuana use is not compatible with safety-sensitive functions.”

The DOT further elaborated:

• There is currently no scenario where medical review officers can verify a laboratory-confirmed marijuana positive drug test result as “negative” if an employee claims the positive was due to a state-licensed marijuana product.
• The department’s policies specifically identify marijuana by name, not by its schedule classification.

Patrice Kelly, former director of the DOT’s Office of Drug & Alcohol Policy & Compliance, participated in the press conference, arguing that without congressional action, “regulated testing for marijuana is about to end.” Kelly advocated for an “immediate and clear safety carve-out” to preserve the status quo, granting the Department of Health and Human Services (HHS) authority to continue testing for marijuana and certifying laboratories for such tests. This carve-out, she argued, would also maintain testing for federal employees in safety-sensitive roles, such as air traffic controllers.

Industry and Policy Implications

The debate surrounding a medical cannabis workplace policy carve-out underscores the ongoing tension between evolving cannabis laws and established federal safety regulations. While there is broad consensus that safety-sensitive workers should not perform duties while impaired, legalization advocates point out that cannabis metabolites can persist in a person’s system for weeks, leading to positive drug tests even in the absence of recent use or impairment.

The partnership between SAM and NDASA in this advocacy effort is consistent with their broader stance against cannabis reform. Both organizations previously joined a lawsuit challenging the federal cannabis rescheduling action announced by the Department of Justice. The outcome of this legislative push will have significant implications for employers, employees, and the regulatory landscape governing drug testing in safety-sensitive industries across the United States.

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Disclaimer: This article is for informational purposes only and does not constitute medical advice. Hemp Gazette does not provide medical recommendations, diagnoses, or treatment plans. Always consult a qualified healthcare practitioner before making any decisions regarding your health or any medical condition. Statements concerning the therapeutic uses of hemp, cannabis, or cannabinoid-derived products have not been evaluated by Australia’s Therapeutic Goods Administration (TGA). Medicinal cannabis products in Australia are accessed via prescription pathways under TGA regulation.