STATES Act

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Rkamer

STATES Act

Post by Rkamer » Sat May 18, 2019 3:11 pm

I’ve heard that if the States act is passed, DOT will no longer be able to test for THC. Is that true?



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Re: STATES Act

Post by Robert Swotinsky MD » Sat May 18, 2019 4:22 pm

The STATES Act is legislation that was introduced in Congress last year and is being introduced in Congress again this year, currently H.R. 2093/S.1028. If it became law as currently written, it would prohibit the federal government's CSA Schedule I status of marijuana (and actions that derive from this status) from preempting state laws that decriminalize or otherwise allow for the use of marijuana. It would be a stretch to think that this legislation would be interpreted as precluding DOT from testing for marijuana.

Rkamer

Re: STATES Act

Post by Rkamer » Mon May 20, 2019 5:14 pm

Thank you. It wasn’t entirely clear to me, but not being a lawyer nor wanting to read the entire text of the act, I decided to ask an expert. Other top experts in medical aspects of transportation safety have been saying STATES act would create a problem with DOT testing. I couldn’t follow the logic.

On the other hand, if THC is actually removed from the Controlled Substances Act list, it is clear that the Omnibus Act would no longer authorize THC testing.

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Re: STATES Act

Post by Robert Swotinsky MD » Mon May 20, 2019 7:18 pm

I saw the flurry of emails on the MRO list serve during the past few days. These emails followed an article on a drug testing advocacy site that said the STATES Act will potentially preclude DOT drug testing for marijuana.

What I have not seen is text in the STATES bill that would remove marijuana from CSA Schedule I or that would preclude DOT drug testing for marijuana. For reference, the current version of the STATES bill is at: https://www.congress.gov/116/bills/hr20 ... 2093ih.pdf. There is a section about "transportation" in the bill, but it is a section about things other than DOT-mandated drug testing. (I cross-checked many of the CSA sections that the bill references, and have not found the rumored text about no DOT drug testing for marijuana. Maybe someone else will point me to it... but I haven't found it, at least not yet.)

In March 2019, a different bill, H.R.1588 - Ending Federal Marijuana Prohibition Act of 2019. was introduced into Congress that does propose to remove marijuana from Schedule I. That bill would seem to be a more direct concern with regard to DOT drug testing. On the other hand, there are a lot of bills in Congress. And, while there is a lot of attention these days on marijuana legalization, there doesn't appear to be initiative within Congress to move H.R. 1588 or a similar bill forward.

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