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21 USC Sec. 812
49 CFR 391.41(b)(12) identifies driver use of Schedule I
drugs as medically disqualifying. The 1970 Comprehensive Drug Abuse Prevention and
Control Act provides the framework for the current Drug Enforcement Administration
(DEA) drug schedules.
There are five schedules of controlled substances, I, II, III, IV, and V. The drug
schedules are based on addiction potential and medical use but not on side effects.
The lists are updated annually.
NOTE: The advisory criteria first directs you to 21 CFR 1308.11 TITLE 21— FOOD AND DRUGS CHAPTER 13
— DRUG ABUSE PREVENTION AND CONTROL SUBCHAPTER I — CONTROL AND ENFORCEMENT
Part B — Authority To Control; Standards and Schedules. This regulation describes
the rules and procedures used to establish and maintain the 21 USC Sec. 812 controlled
substance lists.
Key Points About 21 USC Sec. 812
Schedule I
These drugs have no currently accepted medical use in the United States, have a
high abuse potential, and are not considered safe, even under medical supervision.
These substances include many opiates, opiate derivatives, and hallucinogenic substances.
Heroin and marijuana are examples of Schedule I drugs. The exception criteria of
49 CFR 41(b)(12)(ii) does not apply to any Schedule I substance.
NOTE: The driver taking medical marijuana cannot be certified.
Schedule II
These drugs have currently accepted medical uses but have a high abuse potential
that may lead to severe psychological or physical dependence. Schedule II drugs
include opioids, depressants, and amphetamines. The opioids in Schedule II include
natural opioids (e.g., morphine) and synthetic opioids (e.g., OxyContin).
NOTE: Interpretation for 49 CFR 391.41
Methadone is a habit-forming narcotic which can produce drug dependence and is not
an allowable drug for operators of commercial motor vehicles (CMV).
Schedules III - V
These drugs have decreasing potential for abuse than preceding schedules. Abuse
may lead to moderate or low physical dependence or high psychological dependence.
Schedule III drugs include tranquilizers. Schedule IV drugs include drugs such as
chlorhydrol and phenobarbital. Schedule V drugs have the lowest potential for abuse
and include narcotic compounds or mixtures.
Side effects are not part of the DEA schedule rating criteria. Therefore, a substance
can have little risk for addiction and abuse but still have side effects that interfere
with driving ability.
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