By Tom Angell
The U.S. Coast Guard is concerned about what the rescheduling of marijuana could mean for its efforts to keep waterways free of ship captains intoxicated on cannabis.
“Marijuana is a potent drug with well-documented impairing effects on cognitive ability, judgment and reaction time,” reads a new document issued by the Merchant Mariner Medical Advisory Committee (MEDMAC), a panel that advises the federal government on medical standards for certified marine vessel operators. “Mariners operating under the influence of this substance pose an unacceptable risk to the Maritime Transportation System.”
Currently, mariners who test positive for marijuana or credentials applicants who admit to using cannabis — even for medical purposes in accordance with state law — are subject to penalty or denial of certification.
But if Congress or the Drug Enforcement Administration (DEA) moved marijuana out of its current status under Schedule I of the Controlled Substances Act — a category that’s supposed to be reserved for drugs with no medical value — that could change, according to the new notice.
“If the DEA were to change marijuana’s classification from Schedule I to Schedule II, then the use of medical marijuana would fall outside the realm of Coast Guard enforcement action. Mariners with a valid prescription for medical marijuana who are found to have marijuana in their system during drug testing would not have their results reported to the Coast Guard as a positive drug test,” MEDMAC wrote. “Additionally, applicants for merchant mariner medical certification who use medical marijuana would be evaluated in the same manner as applicants on any other medication.”
Last month, DEA denied long-pending petitions to reschedule cannabis. But a growing number of voices in Congress have been pushing for reconsideration and it is possible that the legislative branch could soon take matters into its own hands. And presidential candidate Hillary Clinton has also pledged to move marijuana to Schedule II if elected.
The 14-member MEDMAC met in St. Louis last week and agreed to form a working group that will investigate the implications of a possible future rescheduling of marijuana and issue recommendations.
The panel will will aim to shed light on 10 specific points:
1. A working definition of medical marijuana.
2. How does medical marijuana differ from medications which contain the active ingredient(s) of marijuana (most commonly, tetrahydrocannabinol or THC)?
3. What are the safety concerns related to medical marijuana use in merchant mariners?
4. How do the concerns vary, if at all, for use of medications that contain the active ingredient in marijuana?
5. How would medical marijuana use by merchant mariners impact the maritime industry?
6. What factors or circumstances, if any, might mitigate the risks related to use of medical marijuana or medications that contain the active ingredient of marijuana?
7. In what manner do the other modes of commercial transportation address medical marijuana?
8. Recommendations to the Coast Guard on the medical evaluation of mariner applicants using medical marijuana, if DEA scheduling were to change to Schedule II.
9. Whether the Coast Guard should undertake a medical rulemaking that makes the use of medical marijuana disqualifying, regardless of the status of DEA scheduling.
10. Whether such a rulemaking should also include a prohibition on use of medications that contain the active ingredients of marijuana.
The MEDMAC notice says that the working group “may have participation from the public and other interested parties” and that its meetings will be announced in the Federal Register.
Separately, U.S. Secretary of Defense Ash Carter implied last week that he thinks the military should loosen hiring restrictions on people who use or have recently used marijuana.
The Coast Guard falls under the Department of Homeland Security.
R. Sam Teague, MEDMAC’s alternate designated federal officer, did not respond to Marijuana.com’s request for information about how soon the working group is expected to begin meeting or when its recommendations might be issued.
