On December 18th, President Trump signed an executive order directing the Attorney General to expedite reclassification of Marijuana from a Schedule I substance to a Schedule III substance.
This action was taken on the recommendation of the Department of Health and Human Services.
Schedule I substances include heroin, LSD, Ecstasy and other serious drugs. Schedule III substances include lower-level drugs, including Ritalin, Ketamine, and Codeine.
In 2024, NAPT submitted comments to the federal government on this same topic. The previous administration had proposed a similar change through the Drug Enforcement Administration. We opposed the proposed rule as it was published. Further, we urged that, if the change were to be finalized, provisions be made for DOT to be able to continue testing CDL holders for the substance for safety purposes.
Those comments, as written in July 2024, are as follows:
The National Association for Pupil Transportation (NAPT) welcomes this opportunity to offer our comments regarding the Notice of Proposed Rule Making published on May 21, 2024, in relation to the re-scheduling of marijuana.
NAPT is cognizant of the increased social, cultural, and legal acceptance of marijuana use for medical and recreational purposes. We nonetheless remain concerned about the implications of this proposal for safety in the transportation of our nation’s children on yellow school buses.
Consistent with our mission and our focus on student safety, we must oppose adoption of this rule as it is currently written. We would urge the DEA to incorporate regulatory provisions to continue testing for Marijuana for safety-sensitive occupations in our society, including especially school bus drivers.
To clarify our standing and concerns: Among other qualifying measures, school bus drivers are subject to pre-service and random drug and alcohol testing in accordance with regulations of the Federal Motor Carrier Safety Administration. These testing regimens are vital to ensuring that our nation’s children are being transported safely to and from their schools each day.
Current drug testing procedures include screens for the presence of Marijuana and other Schedule I substances but do not include screens for substances categorized under other schedules. To our best understanding, once this rule is adopted, testing facilities will no longer be required to determine the presence of marijuana when a school bus driver presents for a random test or other required test. At best, this proposed change would require a subsequent amendment to FMCSA’s testing requirements to ensure that Marijuana as a Schedule III substance is included in testing procedures.
DEA references in the text of the NPRM (page 44614) earlier tests that suggested impacts on driver safety and behavior. There is no reason to suspect that in the years since that research was completed (2016) that the impacts of marijuana have lessened. Perhaps it has become more socially acceptable or has been allowed more widely for medical purposes. But its impact and safety implications remain an important concern.
NAPT does not seek to infringe in any way on the right of Americans to partake in marijuana or alcohol in accordance with the law. Our statements simply reflect our mission to ensure the safety of children while they are riding on our yellow school buses. The school bus has attained a safety record that is second to none and is the foundation of the trust bestowed on us by parents who place their children on our buses each day. They must be assured that the person driving their child meets the highest standards, including not being under the influence of alcohol or any substance (such as marijuana) that affects their capacity to drive safely.
We note that several members of the U.S. House and Senate, along with some trucking associations have expressed reservations about the change.
We will continue to monitor the development as proposed rules are published and will offer comments consistent with those we offered in 2024.