Truckers with high expectations that President Donald Trump’s marijuana executive order to reclassify the drug need to slow their roll.
For the past week, media circuits have buzzed in anticipation of the executive order moving marijuana from a Schedule I drug to a Schedule III drug. For truck drivers, the blunt truth is that it will not do anything to change the restrictions on marijuana use.
Marijuana use – even medical marijuana – is strictly prohibited by truck drivers under federal regulations.
Without getting too far into the weeds, the executive order directs agencies to reclassify marijuana from a Schedule I narcotic to a Schedule III.
According to the Federal Motor Carrier Safety Administration, marijuana, including a mixture or preparation containing marijuana, continues to be classified as a Schedule I controlled substance by the Drug Enforcement Administration in 21 CFR § 1308.11. Under the Federal Motor Carrier Safety Regulations, a person is not physically qualified to drive a CMV if he or she uses any Schedule I controlled substance, such as marijuana.
So, why wouldn’t a Schedule III classification change that?
For starters, the president stressed that his marijuana executive order “doesn’t legalize marijuana in any way, shape or form, and in no way sanctions its use as a recreational drug.”
What the order does is open the door to testing for medical use and potential nationwide medical marijuana.
A Schedule III substance is believed to have a “moderate to low potential for physical and psychological dependence.”
Administration officials cited reviews conducted by the Department of Health and Human Services in 2023 that found more than 30,000 health care professionals recommended medical marijuana to more than 6 million patients for at least 15 different medical conditions.
The executive order, however, would not legalize marijuana and would not change how law enforcement agencies handle marijuana-related arrests, according to senior administration officials who spoke to the New York Times.
More importantly, and specifically to truck drivers, the federal regs restrict the use of marijuana by name, not just by its classification.
“The drugs for which tests are required under this part and DOT agency regulations are marijuana, cocaine, amphetamines, phencyclidine (PCP), and opioids,” Part 40 states.
The real effect of the executive order will impact dispensary joints – with tax breaks.
What’s next?
The rollout of the directives in the marijuana executive order will determine if it’s a high-stakes policy opening the door to broader legal use or just a puff piece.
“Before truck drivers can legally ingest marijuana, the Department of Transportation will have to go through a rulemaking to remove the prohibition,” said Eric Long, manager of OOIDA’s drug and alcohol testing program, CMCI. “We all know that rulemakings take a long time, so right now, it’s best to sit tight, and sober.” LL
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