NDASA Testifies as DEA Weighs Rescheduling Marijuana

On July 2, I watched with pride as our industry took the stand in the fight to protect workplace safety.

The National Drug and Alcohol Screening Association (NDASA), on whose board I am honored to serve, testified before the Drug Enforcement Administration in opposition to a federal proposal to reschedule marijuana. NDASA Executive Director Jo McGuire and drug testing policy expert Patrice Kelly spoke forcefully on behalf of employers and employees across the country as the DEA weighs moving marijuana from Schedule I to Schedule III under the Controlled Substances Act.

The proposed change would be the most significant shift in federal marijuana policy in decades. While not full legalization, it would dramatically alter the landscape and introduce immense uncertainty for employers, employees, and providers like me who are committed to maintaining safe, drug-free workplaces.

The DEA hearings spanned 15 days, with employers, drug policy organizations, and state representatives opposing the change. The presiding judge has called for final written arguments by August 17, after which he will make a recommendation to the DEA and the agency will issue its decision.

For employers, here is the most important thing to know: nothing has changed yet. Marijuana remains a Schedule I controlled substance under federal law. Even if rescheduled, it would not automatically rewrite workplace drug testing regulations.

But the ground is shifting, and every employer needs to be ready. If you have a drug and alcohol policy, now is the time to review it with your attorney and your testing provider. Keep a close eye on decisions from the Department of Transportation, the Nuclear Regulatory Commission, and other agencies that regulate your industry or roles.

We at Mid-South Drug Testing are monitoring the situation closely. We will alert you as soon as new information is available, and we stand ready to help you adapt.

Kelly Dobbins President, Mid-South Drug Testing kellydobbins@midsouthdrugtesting.com