Subcommittee narrows language tying safety-sensitive driver rules to federal drug schedule, adds state-law carve-out

Senators on a Virginia Senate subcommittee clarified and narrowed how federal drug-testing rules would apply to safety-sensitive drivers and adopted a line amendment to preserve state-authorized uses.

During questions, counsel explained the substitute adds two phrases identifying who is “authorized to operate or whose job duties include operation of” safety-sensitive functions and said the provision references 49 CFR 382.213 and the federal controlled-substance scheduling list in 21 CFR 1308.11. Counsel said that under current federal scheduling that includes marijuana as a Schedule I substance, but noted schedules could change.

Senator McDougall and others asked whether that federal text would conflict with state allowances such as medicinal cannabis. A senator proposed, and counsel drafted, a line amendment “that would essentially carve out an exception for what’s permitted by the state of Virginia.” The chair announced the line amendment was adopted and the bill before the committee was amended.

The committee did not take a final vote on the underlying bill during this discussion; the action adopted was the language change and the carve-out for state-permitted activity. The subcommittee’s record shows the line amendment was accepted and the substitute was distributed for further consideration.