Washington, DC April 26, 2026 --(PR.com)-- The National Drug and Alcohol Screening Association (NDASA) is calling on the Administration and Congress to take immediate action to protect public safety following a recent Department of Justice order rescheduling certain marijuana products to a lower federal drug classification.
NDASA warns that this action creates confusion and uncertainty regarding the continued authority for drug testing of safety-sensitive employees who operate on the nation’s roadways, in the skies, on waterways, and throughout public transportation systems.
“The general public deserves absolute certainty that school bus drivers, airline pilots, air traffic controllers, truck drivers, transit operators, mariners, pipeline operators, and other safety-sensitive workers are not impaired while performing their duties,” said Patrice M. Kelly, the former and longest-serving Director of the Office of Drug and Alcohol Policy and Compliance at the U.S. Department of Transportation.
Kelly added:
“This action creates confusion that could put transportation safety at risk. Immediate action is imperative to maintain safety through marijuana testing for airline pilots, air traffic controllers, school bus drivers, truckers, transit operators, mariners, pipeline operators, and all other transportation safety-sensitive employees."
Why a Transportation Safety Carveout is Necessary
Federal law grants the Department of Health and Human Services (HHS) authority over which substances may be included in federally authorized drug testing programs. With marijuana no longer classified as a Schedule I controlled substance, HHS would be required to remove it from the federal drug testing panel.
The U.S. Department of Transportation (DOT), which mandates testing for marijuana, cocaine, PCP, amphetamines, and opioids, is legally required to follow HHS drug testing guidelines. If HHS is no longer permitted to test for marijuana, DOT would likewise be forced to remove marijuana from its testing panel.
Absent a specific safety carveout, this regulatory shift would eliminate marijuana testing for DOT-regulated employees — including school bus drivers, commercial truck drivers, airline pilots, air traffic controllers, transit operators, mariners, and pipeline operators — effectively allowing individuals to legally be impaired while performing safety-critical functions.
The potential consequences for public safety and U.S. employers are alarming. According to the National Safety Council, marijuana users experience 85 percent more workplace injuries and 55 percent more industrial accidents compared to non-users.
NDASA stresses that a narrowly tailored transportation safety carveout would preserve long-standing federal authority to prevent impairment in safety-sensitive roles, maintain consistency across federal agencies, and ensure continued public confidence in national transportation safety standards.
About the National Drug and Alcohol Screening Association
The National Drug and Alcohol Screening Association represents employers, providers, and professionals committed to safe, drug-free workplaces through effective, science-based drug and alcohol testing programs.
Contact Information:
National Drug and Alcohol Screening Association
Jo McGuire
888-316-3272
Contact via Email
www.ndasa.com
info@ndasa.com
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