Will Making Marijuana a Schedule III Drug Mean More Truck Accidents?

For decades, activists have fought for changes in the way that the government classifies marijuana. From a push to permit the use of the drug for medicinal purposes to statewide legalizations of recreational use, the landscape surrounding marijuana has evolved drastically. There are now states like Nevada where using marijuana is both legally and culturally acceptable. The federal government, however, has continued to classify marijuana as a dangerous substance. Currently, it is at a more severe level than drugs like methamphetamine or fentanyl, which have both caused large-scale epidemics of overdoses and other destructive consequences nationwide.

Now, the government is pushing to reclassify marijuana. Many are celebrating a more measured approach to a drug that half of Americans have tried, and 17% of adults use regularly. While the public broadly supports reclassification, there are issues that must be taken into account, such as how to prevent driving under the influence and how to prevent professional drivers, like commercial truck drivers, from driving under the influence of the drug.

Federal drug scheduling explained

The current federal drug scheduling system considers a drug’s medicinal use and potential for abuse. Here is an overview of where each drug fits in the scheduling:

• Schedule I: Heroin, LSD, marijuana/cannabis, ecstasy, peyote
• Schedule II: Methamphetamine, methadone, oxycodone/OxyContin, fentanyl, Adderall, Ritalin
• Schedule III: Tylenol with codeine, ketamine, anabolic steroids, testosterone
• Schedule IV: Xanax, Soma, Valium, Ambien, Tramadol
• Schedule V: Robitussin, Lomotil, Motofen, Lyrica

There has been increased debate as to whether marijuana belongs in the same category as something like heroin. If the proposed changes go into effect, which could happen as soon as fall of 2024, marijuana would move down two levels, sharing space with Tylenol with codeine.

Concerns from the American Trucking Associations

The American Trucking Associations has expressed concerns that the new marijuana reclassification to Schedule III will make the roadways less safe. Alcohol and marijuana are the two most common substances detected in drivers following severe collisions. Rescheduling marijuana could affect how trucking companies screen employees in safety-sensitive roles, such as driving a truck cross country. They argue that these new laws will lead to more impaired drivers on the roadways and deteriorate public safety. While The American Trucking Associations isn’t campaigning against the legalization of marijuana, they are voicing their support for more stringent testing guidelines to help keep Nevada roadways safe.

Prevalence of marijuana use among commercial drivers

The U.S. Department of Transportation data shows that some of the top illegal substances commercial drivers test positive for include marijuana, cocaine, and methamphetamine. However, marijuana is by far the most common drug identified in positive tests. In fact, in a study that included 21,156 positive drug tests among CDL holders, marijuana was the substance involved in 10,388 cases. The next highest drug was cocaine, which appeared in 3,192 tests, meaning marijuana use was nearly three times as prevalent.

The high numbers are bad news because marijuana is known to have negative effects on driving capabilities. CNN reported that “the THC in marijuana impairs psychomotor skills, impedes the ability to multitask, disrupts lane tracking and cognitive functions, and divides attention from the task at hand — driving — according to several studies.”

Truck drivers who use marijuana are putting themselves and others at risk of severe injuries and worse. However, they are also jeopardizing their livelihood.

According to the Drug and Alcohol Clearinghouse, an online database that offers “real-time access to information about CDL driver drug and alcohol program violations,” the penalties for commercial drivers who use these substances are about to become more severe. A new rule going into effect in November 2024 requires that State Driver Licensing Agencies (SDLAs) remove commercial driving privileges from anyone with a CMV driving prohibition.

Testing for marijuana use and DUIs

Across the country, there is fairly consistent acceptance when it comes to the standards for driving under the influence of alcohol. Nevada and every state except Utah has a BAC level of .08. Other substances present more difficult questions when it comes to testing for intoxication or investigating a person for driving under the influence. States are now starting to develop different ways to test drivers for marijuana. While it’s fairly simple to show that someone used the drug, proving that they were under its influence at a specific time is more challenging.

Nevada is one of five states that opted for a “per se” approach regarding marijuana impairment for drivers. That law uses the THC limit in the driver’s blood as evidence that they were under the influence. The limits are 2 ng/ml Delta-9-THC, and 5 ng/ml metabolite 11-hydroxy-THC. Even if the driver doesn’t appear intoxicated, these numbers are enough to charge them with a violation.

The US Department of Transportation also recently enacted a rule that applies to commercial drivers. The law allows for the testing of saliva for THC, with a limit of 4 nanograms. However, there are lingering concerns over random testing for THC. The saliva tests are able to detect the substance between eight and 24 hours after use but can result in false positives.

Determining whether drivers were impaired or not is an ongoing challenge for regulators and lawmakers now that marijuana is more common and increasingly legal for recreational use.

More truck accidents mean more injuries

If increased use of marijuana leads to a rise in truck accidents, it will also cause more injuries. When it comes to truck accidents, the likelihood of severe and catastrophic injuries is greater than for other types of collisions. The high stakes make it more important than ever that regulators find ways to protect everyone on the road from potentially dangerous drivers operating these massive vehicles.

If you or a loved one suffered injuries in an accident with a truck, contact Claggett & Sykes today to schedule a consultation with one of our experienced personal injury lawyers. We maintain offices in both Las Vegas and Reno.