Start your day with the latest breaking Military, Army, Trucking, and Transportation news.

TransPress
  • Home
  • News
  • Army
    • Education & Transition
    • Military Honor
    • Off Duty
    • Pay & Benefits
    • Veterans
  • Trucking
    • Business
    • ELDs
    • Equipment
    • Regulations
    • Trucking Law
Subscribe
TransPressTransPress
Search
  • Home
  • News
  • Army
    • Education & Transition
    • Military Honor
    • Off Duty
    • Pay & Benefits
    • Veterans
  • Trucking
    • Business
    • ELDs
    • Equipment
    • Regulations
    • Trucking Law
  • About Us
  • Contact
  • Privacy Policy
  • Terms of Service
© 2026 Randall Reilly Talent, LLC. All rights reserved.

Trucking Law: Marijuana and what rescheduling means for truckers

July 18, 2024
8 Min Read
Share
Trucking Law: Marijuana and what rescheduling means for truckers


Speaker 1: President Joe Biden’s administration recently made history by moving to reschedule marijuana from a Schedule I to a Schedule III controlled substance. But is that the same as legalization? And will it give professional truck drivers new options with the country’s favorite illicit drug?

The answer to both questions is a flat no.

In this installment of Overdrive’s Trucking Law series, two attorneys with close knowledge of marijuana legislation and regulation look at what’s happening with the drug and how it could impact trucking. In the process, we get an up-close look at rules and regulations keeping drivers from taking the same approach to the drug as fellow citizens, complete with all the wrinkles and well, obscuring smoke, that entails.

First, a warning.

In trucking, it seems that almost every time a state legalizes medicinal or recreational marijuana, or a cannabis-related product manufacturer mislabels their goods, or a new type of cannabis product hits the shelves … people make mistakes and careers get ruined. Hard-luck tales of CDL drivers abound. Often, it’s a situation of mistakenly ingesting THC, the active, intoxicating and federally illegal component of marijuana, thinking it was CBD — a legal, non-psychoactive supplement that’s helped many with pain and anxiety.  

Still, in the face of the rule change and plenty uncertainty, neither the Federal Motor Carrier Safety Administration nor the Commercial Vehicle Safety Alliance are yet ready to comment on how potential marijuana rescheduling might impact regulatory compliance, safety, drug testing and roadside inspections.

As such, we spoke to Brian Vicente, a leading attorney specializing in marijuana policy and regulation, to figure out exactly what rescheduling would mean. 

Vincente pointed out that, since the 1970s, cannabis has been a Schedule I drug according to the federal government. That Schedule I status puts it alongside drugs like heroin, LSD, and ecstasy. “That means it has no medical value and a high potential for abuse,” according to Vicente.  

The Biden DEA’s moves toward rescheduling cannabis to a Schedule III controlled substance, the attorney added, would put it in a category of drug with “a known medical value and lower standard for abuse.” 

Rescheduling marijuana to Schedule III alongside drugs like Ketamine and barbiturates doesn’t mean it will be out-and-out legal. It’s only a single move in that vague direction, and the next step is one trucking knows well — the administrative rulemaking process.

The official proposed rule is currently up for comment through at least July 22, 2024. Find a link to it in the description of this video.  

As Vicente described it, the rulemaking process will allow people from across America to comment and quote “litigate this issue, of whether cannabis has medical uses.” For now, even if the move survives this stage of federal review, marijuana still doesn’t become legal generally, and still presents a lot of problems for OTR truck drivers and their careers. Vicente called rescheduling a symbolic move, one the federal government is taking toward broader legalization.

If marijuana does get rescheduled, furthermore, the process to get a valid marijuana prescription is not something that will happen overnight.

Interested companies can then move through clinical drug trials, which take years. That’s despite the fact that many people are already using cannabis in 24 states where it’s legal for recreational use, and 40 states that allow medical marijuana use. In some medical use states, local medical authorities can hand out prescriptions for marijuana pretty liberally, but don’t expect that to be the case when it goes federal.

Rescheduling invites a review of any newly developed drugs from the Food and Drug Administration. Vicente speculated that when and if big companies find a way through the clinical process to support prescription for some type of cannabis, then truck drivers could potentially get that prescription.

Yet professional drivers are going to need more than a prescription, perhaps even a letter from their medical examiner saying the drug will not impact their driving. Federal regulations generally require docs’ signoff for use of any scheduled controlled substance. Vicente didn’t like the chances for FDA approval of medical use of the substance in its current state, either, noting FDA’s process isn’t focused on getting botanical drugs to market, he said. Generally, they’re approving pills that are pharmaceutically created.

The Biden administration isn’t the only branch of government with ideas about marijuana. Senate Democrats introduced a bill that would deschedule it entirely just one week after Biden announced the move toward rescheduling. That would remove marijuana’s “controlled substance” status altogether, but once again, that wouldn’t change much for trucking.

Paul Armentano, deputy director of the National Organization for Reform of Marijuana Laws, threw cold water on that bill being some kind of quote unquote “legalization” itself. 

Instead, the bill would simply repeal the federal prohibition on marijuana, much like when legislation repealed the short-lived prohibition on alcohol nearly a century ago. Armentano compared quote unquote “legalized” weed under this bill to alcohol or tobacco. Neither substance is “scheduled” as a controlled substance by the feds, and instead they’re each governed by a 50-state patchwork system.

Today, marijuana use is disqualifying for CDL holders not because of its federal schedule or criminalization, but because it was included among the drugs to be tested for under the DOT’s Revised Drug and Alcohol Testing Rule in 1988, he pointed out. Neither rescheduling nor descheduling would remove it from the testing regimes.

For that to change, the regs would need to be revisited by either the DOT or by Congress, and a decision would have to be made.

Any change would have to grapple with the question of testing. Unlike other drugs (heroin, cocaine, and meth, for instance) which can become undetectable in the urine in just days, marijuana can linger around in fat cells for more than a month and be detected. Many in trucking have pointed out the need for some kind of quote unquote “weed breathalyzer,” but experts agree that’s not likely to happen roadside anytime soon.

For more discussion of what exactly makes a driver too impaired to drive, follow links in the video description to read about possible futures for drug testing for equipment operators.

Otherwise, drivers, stay away. If you hear some rumor about marijuana becoming legal as a result of rescheduling, push back. You’re more likely to legally pull a reefer full of marijuana-infused soda cross country than to pull on a joint without fear of career repercussions for the next several years.

Share This Article
Facebook Copy Link Print
Previous Article Black D-Day combat medic’s long-denied medal laid on Omaha Beach Black D-Day combat medic’s long-denied medal laid on Omaha Beach
Next Article Personal conveyance rules for truckers' logbooks and ELDs Personal conveyance rules for truckers’ logbooks and ELDs
Leave a Comment Leave a Comment

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Your daily briefing on the latest Military, Defense, Trucking, and Transportation news.

Stay Updated

Get the latest up to date headlines, for the Military, Army, Trucking and Defense community here with us first.

- Advertisement -
Ad image

Teton pass temporarily closed in both directions as CMVs slide in icy conditions

Teton pass was closed in both directions on Tuesday morning after snow fell at the…

October 27, 2026

Congressmen launch bipartisan military range, test facility caucus

A bipartisan group of U.S. representatives launched a caucus focusing on educating Congress and the…

October 27, 2026

US Army looks to high-flying balloons to help see, strike along front lines with China

To burst China’s anti-access/area-denial bubble, the U.S. Army is looking at using high-flying balloons with…

October 27, 2026

Hitler’s Eagle’s Nest, famously captured by ‘Band of Brothers,’ deliberately set ablaze

A 33-year-old German citizen was arrested over the weekend after a fire tore through one…

October 27, 2026

Explore

Hasty US exit from Europe could drive allies away from American arms, RAND says
Hasty US exit from Europe could drive allies away from American arms, RAND says
October 29, 2026
72 'unsafe and undocumented' truck drivers removed from the road through Wyoming sheriff's partnership with ICE
72 ‘unsafe and undocumented’ truck drivers removed from the road through Wyoming sheriff’s partnership with ICE
October 29, 2026
New tactical comms system for US ground troops aims to break network silos
New tactical comms system for US ground troops aims to break network silos
October 29, 2026
Judge sets “unattainable” $1M bail for truck driver detained by ICE to keep him in the country for trial
Judge sets “unattainable” $1M bail for truck driver detained by ICE to keep him in the country for trial
October 29, 2026
The Mosquito Bowl and the ‘barbaric madness’ of the Pacific War
The Mosquito Bowl and the ‘barbaric madness’ of the Pacific War
October 29, 2026

You Might Also Like

Can truck drivers use CBD oil or other hemp-derived products?

Can truck drivers use CBD oil or other hemp-derived products?

Trucking Law
Personal conveyance rules for truckers' logbooks and ELDs

Personal conveyance rules for truckers’ logbooks and ELDs

Trucking Law
Pre- and post-trip inspection myths: What truckers should know

Pre- and post-trip inspection myths: What truckers should know

Trucking Law
Court blocks DOT’s demand for CDL records, siding with states

Court blocks DOT’s demand for CDL records, siding with states

Trucking Law
TransPress

Resources

  • Army
  • News
  • Trucking
  • Business
  • Regulations
  • Trucking Law

Helpful Links

  • About Us
  • Contact
  • Privacy Policy
  • Terms of Service

Popuplar

Master Chief actor condemns use of character in White House’s Iran war hype video
US Army requests 133,000 GMLRS rockets by 2034
VA reduces improper payments for private health care by 98% since 2020, GAO finds

Your trusted source for breaking news, insider reporting, and the latest developments shaping the military, trucking, transportation, and defense industries.

© 2026 Randall Reilly Talent, LLC. All rights reserved.

Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?