Science doesn’t change with a scheduling decision. Impairment is impairment — and when you’re behind the controls of a plane or an 80,000-pound truck, that’s a matter of life and death.

Tim Thoelecke, CSAPA, InOut Labs

James Greer (Past Chairman, National Drug and Alcohol Screening Association)

Opened the conference by warning that rescheduling marijuana from Schedule 1 to Schedule 3 could eliminate the federal government’s ability to test safety-sensitive transportation workers — including pilots, truck drivers, school bus drivers, and air traffic controllers — for THC. He called on Congress to pass a “safety carveout” to preserve DOT’s authority to continue marijuana testing.

Congressman Andy Harris (Maryland's 1st Congressional District)

Endorsed NDASA’s call for a safety carveout, arguing the American public deserves assurance that transportation workers are not impaired by marijuana. He framed it as a clear, common-sense “red line” and pledged to advocate for the measure in Congress.

Mark Magsum (Chairman, NDASA)

Described NDASA as the largest nonprofit in the drug and alcohol testing industry, representing over 3,000 members. He announced a public awareness campaign urging the administration and Congress to prioritize safety and preserve DOT’s authority to test for marijuana.

Congressman Pete Sessions

Went beyond the carveout issue to broadly oppose marijuana reclassification, citing addiction risks, mental health dangers including psychosis, and harm to children. He suggested marijuana legalization benefits drug cartels and called on Congress to ensure transportation workers including TSA employees remain subject to testing.

Jo McGuire (Executive Director, NDASA)

Spoke as a mother and grandmother, emphasizing the personal stakes of the issue. She noted a troubling trend: since state-level marijuana legalization began, post-accident positive tests and reasonable-suspicion positive tests have increased, with the latter now exceeding pre-employment positives for the first time in the history of transportation testing.

Heidi Morrison (Survivor, 1987 Chase, Maryland Train Crash)

Delivered the most personal testimony of the conference, recounting the January 4, 1987 collision between an Amtrak passenger train and a Conrail train in Chase, Maryland — the worst crash in Amtrak history. Sixteen people died and 170 were injured. The NTSB determined the cause was marijuana impairment of the two Conrail engineers, who admitted to smoking marijuana in the cab before and during operation. She argued that the DOT drug testing program instituted after that crash has prevented any similar marijuana-caused accident since, and urged Congress to protect that program.

Patrice Kelly (Former Director, DOT Office of Drug and Alcohol Policy and Compliance)

Brought 35 years of federal expertise to explain the legal mechanism creating the crisis. President Reagan’s 1986 executive order granted HHS authority to test for Schedule 1 and 2 substances only. Moving marijuana to Schedule 3 would remove it from HHS jurisdiction, and since a 1991 law requires all DOT testing to use HHS-certified labs and guidelines, DOT would lose the ability to test for marijuana entirely. She noted that drug testing achieves 98% deterrence among safety-sensitive workers and called the safety carveout an urgent, nonpartisan necessity.

Angela Moore (Synergy, speaking for the American Association of Medical Review Officers)

Highlighted the unique medical challenges marijuana poses in workplace testing. Unlike alcohol, marijuana impairment can last up to 24 hours or longer, affecting decision-making, coordination, memory, spatial perception, and attention — all critical in safety-sensitive roles. She stressed that current technology can only detect marijuana use, not active impairment, making it impossible to determine a “safe” level of use for workers in safety-sensitive positions.

Patrice Kelly (Former Director, DOT Office of Drug and Alcohol Policy and Compliance)

Brought 35 years of federal expertise to explain the legal mechanism creating the crisis. President Reagan’s 1986 executive order granted HHS authority to test for Schedule 1 and 2 substances only. Moving marijuana to Schedule 3 would remove it from HHS jurisdiction, and since a 1991 law requires all DOT testing to use HHS-certified labs and guidelines, DOT would lose the ability to test for marijuana entirely. She noted that drug testing achieves 98% deterrence among safety-sensitive workers and called the safety carveout an urgent, nonpartisan necessity.

Dr. Ben Gerson (Medical Review Officer Certification Council)

Reinforced that the neurological effects of THC do not change regardless of its legal classification. He warned that removing clear testing pathways would create confusion for employers, employees, and MROs, and could inadvertently signal that marijuana poses no workplace safety risk — a message unsupported by science. He emphasized that drug testing is about prevention, not punishment.

Luke Neferados (Executive Vice President, Smart Approaches to Marijuana)

Characterized the attorney general’s rescheduling order as illegal and hastily written, arguing it has opened a “Pandora’s box” of public health consequences. He cited a 2025 Michigan incident in which a school bus driver who tested positive for marijuana crashed the bus, resulting in children losing limbs. He framed the marijuana industry as profit-driven — backed by tobacco, alcohol, and pharmaceutical money — and urged Congress to put children’s safety above industry profits.