DOJ Issues Proposed Rule to Reschedule Marijuana as Schedule III Substance

Introduction

On May 21, the U.S. Department of Justice (DOJ) published a proposed rule in the Federal Register to reclassify marijuana from a Schedule I controlled substance to a Schedule III drug. This move reflects the rising usage of marijuana across the United States, surpassing daily alcohol consumption for the first time, according to a recent study. The comment period for this proposed rule ends on July 22. This article explores the implications of this potential reclassification for employers and provides practical advice on how to navigate these changes.

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Biden Administration’s Recommendations

President Biden has been a significant proponent of reevaluating marijuana's classification under federal law. On October 6, 2022, he requested that the attorney general and the secretary of the U.S. Department of Health and Human Services (HHS) expedite the review process. Following this directive, HHS recommended in August 2023 that marijuana be rescheduled to Schedule III. This reclassification would mark a substantial shift from its current status.

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Understanding the Controlled Substances Act (CSA)

The Controlled Substances Act (CSA), enacted in 1970, categorizes drugs into five schedules based on their medical use and potential for abuse. Marijuana, currently classified as a Schedule I substance, is listed alongside heroin, LSD, and ecstasy—drugs considered to have no accepted medical use and a high potential for abuse. In contrast, Schedule III drugs, which include substances like Tylenol with codeine, ketamine, and anabolic steroids, are recognized for their moderate to low potential for physical and psychological dependence.

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The Impact of Rescheduling Marijuana

If marijuana is reclassified to Schedule III, it would still be regulated under federal laws, specifically the federal Food, Drug, and Cosmetic Act, enforced by the Food and Drug Administration (FDA). This reclassification would acknowledge marijuana's medical use while maintaining its status as a controlled substance. However, it is crucial to note that this change does not decriminalize marijuana or make it legal for recreational use at the federal level.

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Rescheduling’s Effect on Safety-Sensitive Positions

One of the most significant impacts of rescheduling marijuana will be on industries with safety-sensitive positions, such as transportation. Employees in these roles are subject to rigorous drug testing regulations enforced by federal agencies, including the Federal Aviation Administration (FAA), Federal Motor Carrier Safety Administration (FMCSA), and Federal Railroad Administration (FRA).

As marijuana moves from Schedule I to Schedule III, there may be changes in the substances included in mandatory drug testing protocols for safety-sensitive employees. It remains uncertain whether the U.S. Department of Transportation (DOT) will adjust its compliance requirements accordingly. Employers in these industries should stay informed about regulatory updates to ensure compliance and maintain safety standards.

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Potential Impact on Employers

Employers across various industries will need to consider several factors if marijuana is rescheduled to Schedule III:

1. Drug Testing Policies: Employers may need to update their drug testing policies to align with new federal regulations. This includes revisiting the list of substances tested and ensuring compliance with any revised guidelines from regulatory bodies.
2. Employee Education and Training: Employers should educate their workforce about the implications of marijuana reclassification. This includes providing clear information about company policies, potential disciplinary actions, and the impact on safety-sensitive roles.
3. Legal and HR Consultation: Consulting with legal and HR experts will be crucial for employers to navigate the changes effectively. This includes understanding the legal ramifications of rescheduling and implementing compliant workplace policies.
4. Accommodation and Medical Use: Employers should be prepared to address medical marijuana use in the workplace. This may involve updating accommodation policies and ensuring that any medical use does not compromise workplace safety.

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Conclusion

The proposed reclassification of marijuana to a Schedule III substance represents a significant shift in federal drug policy. Employers must stay proactive, updating their policies and ensuring compliance with evolving regulations.

At Axis HR Solutions, we specialize in helping businesses navigate complex HR and regulatory landscapes. Our team of experts can assist you in updating your drug testing policies, educating your workforce, and ensuring compliance with federal guidelines. Visit our website at axishrky.com to learn more about how we can support your organization through these changes. Let us help you stay ahead of the curve and maintain a safe, compliant workplace.