Cannabis Reclassification Effort Faces Questions, Uncertainty

The DOJ’s proposal to reclassify marijuana from Schedule 1 to Schedule 3 under the Controlled Substances Act (CSA) raises several questions likely to remain unanswered for some time. Currently, federal regulations mandate drug testing for Schedule 1 and 2 substances in safety-sensitive jobs. Downgrading marijuana could potentially exempt it from these testing requirements.

The economic impact of this reclassification and its effect on individuals convicted of marijuana offenses are uncertain. Would a Schedule 3 designation bring the federal government closer to ending its cannabis ban?

Mark Magsam, a drug-testing expert with 28 years of experience, notes “The [reclassification] process that's in place is not something that just happens overnight.” On May 21, 2024, the DOJ announced the proposal, receiving over 43,000 public comments, which will be reviewed and may modify the proposal. A Notice of Final Rulemaking would then undergo a similar extended process before being implemented.

Greg Henderson, founder of Federal Drug Testing Services, believes the low number of public comments may be due to the notice’s limited promotion and complexity.

He discovered that some drug program professionals were unaware of the comment opportunity until he informed them.

Henderson and Magsam both agree that the marijuana reclassification's future is uncertain with the upcoming White House change after the November election.

Magsam says, "We're currently in a holding pattern," with potential for the reclassification to be delayed, rewritten, or altered.

Still, they see the effort to move marijuana to Schedule 3  as a chance to engage in the reclassification process and discussions on cannabis regulations. Henderson emphasizes the need for education and proactive engagement, while Magsam stresses the importance of participating in legislative conversations to stay informed and involved.

Visit https://bit.ly/MMERIJuly2024 to watch MMERI’s Conversations on Cannabis Virtual Forum featuring Mark Magsam and Greg Henderson discussing “Exploring the Impacts of Marijuana Reclassification.”