Marijuana Rescheduling and Drug Testing.

The DEA categorizes drugs under the Controlled Substances Act as to their level of being a health hazard and dependency on a scale rated between I to V to control its distribution and/or use or misuse.

The process of reclassifying marijuana under the Controlled Substances Act (CSA) from a higher to a lower schedule is meant to signify marijuana has accepted medical use and also a lower potential for abuse.

Whether that is true remains debatable, particularly considering the escalating potency of marijuana, which has seen a dramatic increase, with some forms of delivery containing up to 90% THC.

Currently Marijuana is Schedule I meaning there is currently no recognized acceptable medical use and it deemed to have a high potential for abuse. Peyote, Heroin, Ecstasy and LSD are all examples of other Schedule I drugs. Under Federal laws, these drugs are all illegal to use, buy or sell.

Schedule II means there is accepted but very restricted medical prescription use as there is also very high potential for abuse and physical or mental dependency. Fentanyl, Hydrocodone, Oxycodone, Methamphetamine and Adderall are all examples that fall into this category. Syndros which is a prescription THC solution used for anorexia is also Schedule II.

Schedule III classification indicates a drug has an accepted medical use with a lower potential for dependence. This category encompasses drugs such as testosterone, anabolic steroids, and ketamine. Marinol, a synthetic form of THC approved by the FDA for cancer treatment, also falls under the Schedule III category.

Schedule IV drugs are defined as having a lower-level potential for abuse or dependence than Schedule III. Some examples are Xanax, Soma, Valium, Ativan and Tramadol.

Schedule V drugs are opioids and other drugs that have a lower potential for abuse than Schedule IV and are used for therapeutic purposes in compounds for antidiarrheal, antitussive or analgesic agents. An example of this would be a cough syrup, like Robitussin with low doses of codeine. Epidiolex which has less than 1% THC used to treat some forms of epilepsy is a Schedule V drug.

What would happen if Marijuana was reclassified as a Schedule III drug? Here are some possible outcomes:

1. Reclassifying marijuana as Schedule III would not legalize it for recreational use nationally. It would legalize the psychoactive parts of the plant, its flowers and any derivatives as a medication but it would need to be first approved by the FDA, which is a long and complex process.
2. The inclusion of marijuana in Drug-Free workplace drug testing programs may lead to confusion as Executive Order 12584, which serves as the basis for all Federal drug testing programs, permits testing only for drugs classified under Schedule I or II. Therefore, a special exception or safety provision would be necessary to retain marijuana in Federal drug testing programs and on the DOT drug test panel.

The potential implications of this possible reclassification and how it would affect either worker or public safety needs to be considered, especially since there is clear evidence marijuana use does increase accidents especially, vehicle accidents. Clearly, you would not want your child to go on a school bus with bus driver who had recently smoked pot or get on a plane with a pilot who has a weed hangover.

While every previous attempt to reclassify marijuana has failed in the past, it's not clear if that will happen this time. Your comments are needed now more than ever. To learn more and to comment on this possible change. Click here.