BACKGROUND  

Reflecting changes in societal attitudes, 24 states, three territories, and Washington, DC, have legalized the recreational use of cannabis, and while there are variations in state laws regarding its use for medical purposes, 38 states have legalized medical marijuana. Although alcohol is used by more people than marijuana in the United States, marijuana is now more intensively used (i.e., on a daily or near daily basis) than alcohol (Addiction, Society for the Study of Addiction, 2024). In addition to increases in recreational use, cannabinoid consumption has increased because marijuana derivative products are now part of dietary supplements, over-the-counter products, and manufactured foods. Some require a health care provider recommendation, others can be readily purchased at commercial outlets, and consumers of these products often test positive for marijuana use.  

Changes in marijuana use in the United States affect the public transportation industry regarding the recruitment, retention, training, and disciplinary practices for employees in safety-sensitive positions, such as passenger vehicle operators. Public transportation agencies indicate increased positive test results for marijuana use by prospective employees and by employees who are tested following vehicle incidents. Research into the workforce shortages faced by the transit industry has identified drug testing as a barrier to hiring and retaining transit workers, especially vehicle operators (American Public Transportation Association, 2022).  

• U.S. Department of Transportation's (USDOT) rules. While changes in state laws have generated confusion about marijuana use, federal authorities, in particular, USDOT rules (49 CFR Parts 40 and 655) are clear that, regardless of state laws to the contrary, the use of marijuana by Federal Transit Administration defined safety-sensitive public transportation employees is always prohibited. Employees covered by these rules are subject to pre-employment, post-accident, random, reasonable suspicion, return-to-duty, and follow-up tests. There appears to be widespread misunderstanding among employees who believe, contrary to the federal rules, that they can use marijuana where state law permits.  
  
  
• Drug testing methods.USDOT regulations authorize either urine or oral fluid specimen testing at a laboratory certified by the U.S. Department of Health and Human Services (HHS). These tests can detect recent drug use, but they do not measure impairment. 
• Urine testing, which is more established and far more available, detects the presence of Tetrahydrocannabinol (THC), the principal psychoactive constituent of cannabis) and its metabolite THC-COOH which is non-psychoactive. THC is detectable in urine for a day or two after marijuana use, however THC-COOH may be detected for several days or weeks after last marijuana use for frequent, chronic users.
• Oral fluid testing, which analyzes for THC, detects more recent drug use (within 1-36 hours). However, this testing method has not yet been fully implemented for USDOT-mandated drug testing, as there are not currently any laboratories certified by HHS to carry out oral fluid testing in the context of the USDOT program. 
  
  
• Disciplinary practices. Public transportation agencies take different approaches to discipline those who violate marijuana-related USDOT regulations. For example, (1) some public transportation agencies have zero-tolerance policies that disqualify applicants who test positive and require termination of employees following their first infraction; (2) others have second chance policies; and (3) some have hybrid discipline policies. Public transportation agencies have reported that arbitrators and administrative law judges have overturned some disciplinary decisions in states where marijuana is legalized. 
  
  
• Proposed rescheduling of marijuana. On May 21, 2024, the U.S. Department of Justice, Drug Enforcement Administration announced a proposed rescheduling of marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA). (Schedule III drugs have a low to moderate potential for abuse and/or addiction and are less dangerous than Schedule I or II.) The proposed change arose since, according to the HHS, marijuana now has accepted medical uses. If the proposed change occurs, revisions to the USDOT regulations are very likely to be needed.  

Research is needed to provide reliable, useful information and to present strategies for addressing issues relating to marijuana use by safety-sensitive public transportation employees.  

OBJECTIVE 

The objective of this project is to provide clear, accurate, and current information related to the use of marijuana by current and prospective employees in safety-sensitive positions at public transportation agencies in the United States. The deliverables should dispel misinformation and help public transportation agencies address challenges in recruiting, disciplining, and retaining safety-sensitive employees. The final deliverable(s) should address:  

• Educational materials. Audience appropriate materials pertaining to marijuana should be prepared for current and prospective employees. This should include materials for employers who administer relevant policies and procedures and employees who are subject to them. The materials should include links to relevant federal agencies to facilitate access to up-to-date information, in particular, regarding federal law. 
  
  
• Testing methods. The differences between currently available testing methods for marijuana and federally required methods should be presented along with the pros and cons of each method. Information on marijuana testing methods in development (e.g., testing for impairment) or in private sector use and their expected timeline for approval for federal and USDOT testing should also be addressed. 
  
  
• Employment disciplinary practices. A broad range of employment disciplinary practices, associated with marijuana use, should be presented, and compared. These include practices currently in use by public transportation agencies and other organizations with USDOT covered safety-sensitive employees. The research should address the efficacy, efficiency, and challenges of each approach. The research must include practices from public transportation agencies serving urban areas of all sizes and rural communities. 
  
  
• Legal analysis of marijuana rescheduling. Considering the proposed rule change, an analysis is needed that addresses the possible implications on USDOT drug testing regulations if marijuana is rescheduled from Schedule I to Schedule III of the CSA.    

RESEARCH PLAN  

The research plan will describe appropriate deliverables that include the following (which also represent key project milestones): 

• An amplified research plan that responds to comments provided by the project panel at the contractor selection meeting.
• An interim report and panel meeting. The interim report should include the analyses and results of completed tasks, a plan for the remaining tasks, and a detailed outline of the final research product(s). The panel meeting will be virtual (e.g., Zoom) and will take place after the panel review of the interim report. The interim report should be submitted, and panel meeting should occur after the expenditure of about 40 to 50 percent of the project budget.
• Final deliverables. The final deliverables should fully address this research project’s objective.
• A technical memorandum titled “Implementation of Research Findings and Products”. 
• A slide deck that presents the research findings and conclusions that may be used in webinars. 

STATUS: A response has been received for this RFP. The project panel will meet to determine next steps.