Protecting Transportation Safety: Why Marijuana Rescheduling Puts Lives at Risk

As the national conversation around marijuana legalization continues to evolve, the National Drug & Alcohol Screening Association (NDASA) is sounding the alarm about a potential public safety crisis. At issue is the federal government’s consideration of moving marijuana (THC) from a Schedule I to a Schedule III drug under the Controlled Substances Act.

While this may sound like a technical reclassification, the real-world consequences for America’s transportation systems could be catastrophic.

The Role of Drug Testing in Transportation Safety

For more than three decades, federally mandated drug testing for safety-sensitive transportation employees has been a cornerstone of public protection. Airline pilots, truck drivers, school bus drivers, train operators, ferry crews, and pipeline controllers all fall under the Department of Transportation’s (DOT) strict drug and alcohol testing regulations.

This system has worked. Since the passage of the Omnibus Transportation Employee Testing Act of 1991, mandatory marijuana testing has deterred impairment, preventing countless accidents and saving lives.

Why Rescheduling Changes Everything

The authority for marijuana testing doesn’t rest with DOT alone. It originates with the Department of Health and Human Services (HHS), which sets the standards for drug testing and certifies laboratories. That authority, however, only extends to substances classified under Schedules I and II.

If marijuana moves to Schedule III, HHS would lose the legal ability to certify testing for THC. Without HHS-certified labs, DOT would have no foundation to continue testing for marijuana use in safety-sensitive jobs. Overnight, America could lose one of its most important safeguards against impaired operation of planes, trains, trucks, and buses.

Broader Consequences

This concern extends beyond rescheduling. Proposed legislation such as the STATES 2.0 Act (H.R. 2934) seeks to remove marijuana from the CSA entirely and shift oversight to the FDA. That move would dismantle the entire federal testing structure, put the U.S. in conflict with international drug control treaties, and increase risks for every American who travels on roads, rails, airways, or waterways.

A Workplace Safety Issue

The Occupational Safety and Health Administration (OSHA) has long supported drug-free workplaces as part of its mission to eliminate recognized hazards. Yet, as state marijuana laws increasingly limit employer testing—even for off-duty use—employers face mounting challenges in ensuring workplace safety.

NDASA’s Position

NDASA strongly recommends keeping marijuana in Schedule I. Marijuana continues to meet every statutory requirement for that classification under federal law, especially given today’s high-potency THC products. Health risks, dependence liability, and impairment concerns remain significant, with the potential to directly endanger the public if safeguards are removed.

The Bottom Line

Rescheduling marijuana may seem like a step toward modernization, but in transportation, the stakes are simply too high. Without continued drug testing for marijuana, America risks a return to the preventable tragedies that federal law has successfully deterred for over 30 years.

Public safety must come first.