Marijuana is Being Reclassified to Schedule III By the Federal Government, But is Still Prohibited for Commercial Truck Drivers

Recently, the Department of Justice (DOJ) announced that Marijuana is being reclassified at the federal level from a Schedule I controlled substance to a Schedule III controlled substance. In other words, marijuana is still banned federally, but it is not considered a much less dangerous (and much less serious) drug. Still, commercial truckers are prohibited from consuming marijuana. Here, our Miami truck accident attorney explains the dangers of drugged driving in the trucking industry.

Marijuana Will Be a Schedule III Controlled Substance (Federal Law)

In a move with major implications, federal regulators are reclassifying marijuana as a Schedule III substance under the Controlled Substances Act. That is a big shift from its long-standing placement in Schedule I. Schedule III status recognizes accepted medical use and a lower potential for abuse relative to Schedules I and II. The change follows rulemaking initiated by the Drug Enforcement Administration (DEA) in coordination with scientific and medical findings from the Department of Health and Human Services (HHS).

Note: Rescheduling does not legalize marijuana under federal law. Distribution and possession remain regulated, and criminal exposure persists outside approved channels. Still, the change carries major consequences for taxation and research, especially in states like Florida where some form of marijuana use is permitted at the state level.

Cannabis is Still a Banned Substance for Commercial Truck Drivers

Truckers are subject to additional safety regulations that prohibit them from consuming cannabis and cannabis products. The reclassification of marijuana from a Schedule I controlled substance to a Schedule III controlled substance does not change that prohibition. Under Federal Motor Carrier Safety Administration regulations, a commercial driver may not use any controlled substance, including marijuana, regardless of state legality. The United States Department of Transportation (DOT) maintains a strict, zero-tolerance drug testing regime for safety-sensitive positions. A positive test for marijuana metabolites is sufficient to trigger removal from duty, even if the driver used the substance legally under state law or holds a medical marijuana card.

Florida law aligns with federal law in key respects. While Florida permits limited medical marijuana use under Florida Medical Marijuana Legalization Initiative, it does not require employers to accommodate on-duty impairment or violations of federal safety rules. Commercial drivers licensed in Florida remain subject to federal testing, reporting, and return-to-duty requirements. In other words, a CDL-holder in Florida cannot use marijuana lawfully and keep their CDL. Even off-duty use is prohibited use under DOT regulations for truck drivers. 

Schedule a Free Consultation With a Miami Truck Accident Lawyer

At Pike & Lustig, LLP, our Miami tractor trailer accident attorney puts injured victims first. If you or your loved one was hurt in a crash with a trucker who was under the influence of marijuana or another controlled substance, we can help. Call us today to set up a free case review. With offices in Miami and West Palm Beach, we handle drugged driving truck accidents throughout South Florida.

Source:

justice.gov/opa/pr/justice-department-places-fda-approved-marijuana-products-and-products-containing-marijuana