A proposal to reclassify marijuana as a Schedule III drug already prompted tens of thousands of comments. However, the Department of Justice’s Drug Enforcement Administration has decided that it needs even more feedback.
In a notice published in the Federal Register, the DEA announced it will have a hearing on Dec. 2 to discuss the potential rescheduling of the drug.
In May, the DEA submitted a notice of proposed rulemaking that seeks to no longer classify marijuana as a Schedule I drug, a category of substances deemed to have a high potential for abuse. Other Schedule I drugs include heroin, LSD, ecstasy and peyote. Schedule III drugs are substances with an accepted medical use and a moderate-to-low potential for abuse. Current Schedule III drugs include ketamine, anabolic steroids, testosterone and small doses of codeine.
According to the Regulations.gov website, the public submitted about 43,000 comments on the proposal.
Trucking concerns
Many of the comments from the trucking industry included concerns that the reclassification could affect drug testing programs for commercial drivers.
Transportation Secretary Pete Buttigieg attempted to put those concerns to rest while testifying at a House hearing in June.
“Any impaired driving via alcohol, marijuana or any other source of impairment is, of course, a major safety concern,” Buttigieg said. “Our understanding is that the rescheduling of marijuana from a Schedule I to a Schedule III would not alter DOT’s marijuana testing requirements with respect to the regulated community. For private individuals who are performing safety-sensitive functions in respect to drug testing, marijuana is identified by name and not by reference to one of those classes. So even if it moves in its classification, we do not believe it would have a direct impact on that authority … Our commitment to that testing continues regardless of the schedule, and we believe our authorities are intact.”
As part of its comments filed in July, the Owner-Operator Independent Drivers Association supported the DOT’s stance.
“OOIDA does not, has never – and will never – condone the use of illegal substances for any trucker while operating a CMV, or any vehicle for that matter,” OOIDA President Todd Spencer wrote in comments.
Marijuana rescheduling hearing
The hearing is scheduled for 9 a.m. Eastern on Dec. 2 in Arlington, Va.
Those who wish to participate can file a written notice no later than Sept. 30. An electronic filing may be made as a PDF attachment emailed to nprm@dea.gov. Additional details on how to participate can be found in the hearing notice.
After the hearing, the agency will review all of the comments before determining whether to proceed with a final rule. Considering the number of comments submitted, a final rule likely wouldn’t come until late 2025 or early 2026.
Land Line Associate Editor Tyson Fisher contributed to this report.
The Drug Enforcement Administration will conduct a hearing in December to discuss the possibility of making marijuana a Schedule III drug. Read More