NTSB Writes to DEA Expressing Concerns about Marijuana Rescheduling

Earlier this month, the National Transportation Safety Board (NTSB) wrote to the U.S. Drug Enforcement Administration (FDA) highlighting its concerns regarding a rule that would reschedule marijuana under the Controlled Substances Act. The board explained that moving marijuana to Schedule 3 would prevent continued testing for cannabis use by transportation employees as labs certified by the U.S. Department of Health and Human Services (HHS) aren’t permitted to test for substances under this category.

It implored the DEA to make sure that rescheduling cannabis didn’t compromise employee testing as this would have implications on the certification of school bus drivers.

The agency then added that the elimination of cannabis testing would get rid of a layer of safety oversight employers had been in charge of for years now while also preventing the Departments of Health and Human Services and Transportation from conducting drug tests to deter the use of cannabis by their employees.

Additionally, the rescheduling of cannabis would prevent the NTSB from keeping results from drug tests as evidence in its investigations. The agency regularly reviews toxicological evidence in its investigations, including drug-screening testing of commercial vehicle operators under the Department of Transportation (DOT).

This evidence, it noted, demonstrated that cannabis impaired the abilities required to safely operate a vehicle and carry out other tasks related to safety by altering how an individual perceives things and slowing their reaction time, risk evaluation and decision-making.

In its letter, the NTSB stated that its transportation safety research and incident and accident investigations had shown that cannabis was a widespread drug that induced effects which impaired an individual’s performance. It also noted that interactions with transport systems is one of the key ways in which the public could be exposed to risk from the effects of cannabis.

This perspective, the board added, formed the basis of its recommendations to improve safety in transportation. It was also why the agency believed more attention needed to be paid to safety in transportation, particularly when it came to the conversation on cannabis rescheduling.

Earlier this year, the Biden administration announced that it was planning to reschedule cannabis from Schedule 1. Other drugs under this category include ecstasy, LSD and heroin. Drugs under this classification have a very high abuse potential and no accepted use medically.

Following this announcement, a spokesperson for the Federal Motor Carrier Safety Administration stated that there weren’t any changes that would be made to alcohol testing and commercial drivers’-license drug-testing requirements.

Cannabis industry actors, such as Cresco Labs Inc. (CSE: CL) (OTCQX: CRLBF), may be wondering why similar concerns aren’t expressed by the NTSB about other intoxicants, such as alcohol, since their excessive use can also adversely impact driving.

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