The Department of Justice’s Drug Enforcement Administration on May 20 officially published its notice of proposed rulemaking that, if finalized, would reschedule marijuana from a Schedule I controlled substance to Schedule III: https://www.regulations.gov/document/DEA-2024-0059-0001

The Biden Administration signaled its intent to move forward with such a proposal earlier this month, and the NPRM’s publication formalized that effort.

The DEA’s proposal said moving marijuana from Schedule I to Schedule III under the Controlled Substances Act would be “consistent with the view of the Department of Health and Human Services (HHS) that marijuana has a currently accepted medical use, as well as HHS's views about marijuana's abuse potential and level of physical or psychological dependence.”

That, ultimately, is the difference between the two scheduling levels, as previously reported. Schedule I drugs are defined in the Act as “drugs with no currently accepted medical use and a high potential for abuse.” Those include heroin, LSD, ecstasy and, at least for now, marijuana.

Schedule II drugs, in the terms of the legislation, show “high potential for abuse, with use potentially leading to severe psychological or physical dependence,” and are considered dangerous. These include combination products with less than 15 milligrams of hydrocodone per dosage unit (Vicodin), cocaine, methamphetamine, methadone, fentanyl and more.

Drugs classified under Schedule III, how DEA is looking to classify marijuana, are those “with a moderate to low potential for physical and psychological dependence,” and have a lower abuse potential than Schedule I and Schedule II drugs. Currently, these include products containing less than 90 milligrams of codeine per dosage unit, like Tylenol with codeine, as well as ketamine, anabolic steroids, testosterone and more.

Typically, according to Brandon Wiseman, attorney and president of Trucksafe Consulting and guest for this week's Overdrive Radio podcast, Schedule III drugs “are still controlled in the sense that they require a prescription.” As such, having a Schedule III drug in your system is not necessarily a disqualifying factor in DOT drug testing. The driver must have a valid medical prescription for that drug, and the medical review officer (MRO) that validates the results of the drug test has to be comfortable that the use of that drug won’t impact the driver’s ability to safely operate a truck.

“Some prescription drugs will inhibit a driver's ability to safely operate a truck,” Wiseman said in the podcast. “And so we just weed those drivers out. Those drivers aren't going to be physically qualified. They're not going to be able to get a med card, for example, to be able to operate.” Hear much more from Wiseman in the podcast, and read Matt Cole and Alex Lockie's reporting on the rescheduling subject via these links:

Cole: https://www.overdriveonline.com/15676307

Lockie's early two-part feature:

**https://www.overdriveonline.com/15670141

**https://www.overdriveonline.com/regulations/article/15670542/marijuana-legalization-trucking-and-the-future-of-drug-testing