Here’s What DOT-Regulated Employers Must Do About Marijuana’s Reclassification to Schedule III

On December 18, 2025, President Trump signed an Executive Order directing marijuana rescheduling to Schedule III of the Controlled Substances Act (CSA). Unfortunately, this change has created significant confusion about what it means for employers in transportation and other safety-sensitive industries.  

If you are a DOT-regulated employer, here's what you need to know.

Key Takeaways

• President Trump's Executive Order, signed December 18, 2025, directs rescheduling to Schedule III. This is not federal legalization.
• DOT safety-sensitive rules and prohibitions remain unchanged today. Keep current policies, testing panels, enforcement procedures, and consequences in place.
• The rulemaking process will take months. Rescheduling is not automatic; federal agencies must complete formal procedures.
• Stakeholders are urging statutory and regulatory carve-outs to preserve THC testing authority during and after rulemaking.
• As an employer, your job today is to communicate clearly with staff and prepare for potential changes ahead.

What Marijuana’s Schedule III Reclassification Actually Means

On December 18, President Trump signed an Executive Order directing the Attorney General to "expedite and complete" the process of moving marijuana from Schedule I to Schedule III. This order builds on a 2023 recommendation by the Department of Health and Human Services (HHS) that was later picked up by the Drug Enforcement Administration (DEA) in a proposed rule in 2024.

What does Schedule III mean?

The Controlled Substances Act divides drugs into five schedules.  

Schedule I substances, like heroin and LSD, are considered to have no accepted medical use and carry the highest potential for abuse.

Schedule II drugs are controlled substances with a high potential for abuse but recognized medical uses, such as prescription opioids, amphetamines, and cocaine.

Schedule III substances—such as ketamine and Tylenol with codeine—are classified as having a lower abuse potential and a currently accepted medical use. Moving marijuana to Schedule III signals federal recognition of its potential medical applications and research value, not legalization.

What Schedule III Status Changes — and What It Does Not

The Executive Order does not immediately reschedule marijuana. Instead, it directs the Attorney General to complete formal rulemaking. The process involves the following actions:

1. Department of Justice (DOJ) and DEA action: The DOJ will issue a final rule formally moving marijuana to Schedule III under 21 U.S.C. § 811.
2. HHS review: The Department of Health and Human Services will weigh in on scientific and medical findings.
3. Federal Register notice: The Federal Register will give notice of the rule and subject it to a comment period and any legal challenges.
4. Implementation timeline: This process typically takes months, possibly longer.

Until federal agencies finalize this rulemaking and publish a final rule, marijuana remains a Schedule I controlled substance under federal law.

What Does Not Change for Employers Today

Your workplace policies, drug testing procedures, and consequences for positive tests remain exactly the same. Here's what stays in place:

Does Marijuana’s Rescheduling Change DOT Drug Testing Rules?

All current DOT drug testing requirements under 49 CFR Part 40 remain in effect. Marijuana is still a tested substance for all safety-sensitive positions, including truck drivers, airline pilots, school bus drivers, train engineers, transit operators, aircraft maintenance personnel, and pipeline emergency response workers.

Current Testing Panels

Your five-panel drug test (marijuana, cocaine, amphetamines, opiates, and PCP) is unchanged. Continue your pre-employment, reasonable suspicion, post-accident, and return-to-duty testing as scheduled.

Reasonable Suspicion and Post-Accident Testing

All existing protocols for reasonable suspicion testing and post-accident investigation remain in force. Train your supervisors and managers to document and report suspected impairment using current procedures.

Federal-State Conflicts

While some states have legalized marijuana, federal safety-sensitive rules have always superseded state law. In other words, an employee's legal status under state marijuana law does not protect them from a failed federal drug test or DOT violation.

The Impact of Rescheduling on the Trucking Industry

The trucking industry's concerns about marijuana rescheduling are rooted in a technical and legal question: Who has the authority to test for THC after rescheduling?

Here's the problem. Current DOT drug testing authority flows through HHS Mandatory Guidelines for Federal Workplace Drug Testing Programs, which authorize testing only for Schedule I and Schedule II controlled substances. Once marijuana moves to Schedule III, HHS-certified laboratories technically would no longer have authority to test for it under those guidelines.

Without an explicit carve-out or statutory fix, rescheduling could strip the DOT of its ability to test for marijuana. The National Transportation Safety Board (NTSB) has cautioned the DEA that moving marijuana to Schedule III "would, upon becoming effective, immediately prohibit continued testing of safety-sensitive transportation employees for marijuana use under 49 CFR Part 40 and HHS Mandatory Guidelines."

The Carve-Out Solution

Trucking industry experts and attorneys are pushing for an explicit carve-out that preserves DOT's testing authority regardless of marijuana's scheduling status. This carve-out could come via any of the following mechanisms:

• Congressional action: A statute explicitly authorizing DOT marijuana testing for safety-sensitive workers.
• Regulatory clarification: DOT, HHS, and DOJ issuing joint guidance that Schedule III marijuana remains testable under 49 CFR Part 40.
• Technical amendment: An update to HHS Mandatory Guidelines that creates an exception for safety-sensitive DOT positions.

What DOT-Regulated Employers Should Do Right Now

Action Checklist for HR, DERs, and Compliance Leaders

Immediate (This Week)

1. Send an employee memo stating the following points clearly:  
   1. Marijuana is still a controlled substance under federal law.  
   2. Your drug testing policies remain unchanged.  
   3. Safety-sensitive positions are prohibited from using marijuana, both on and off duty.  
   4. Testing will continue as scheduled.
2. Reaffirm supervisor training on reasonable suspicion. Document any observations of impairment or policy violations using your current procedures.
3. Confirm testing panels with your TPA (Third-Party Administrator) or MRO (Medical Review Officer). Verify that your five-panel tests are still configured to include marijuana.

Short-term (Next 30 Days)

1. Audit your company's drug policy to ensure the following:
   1. Federal preemption language is clear (federal law supersedes state law for safety-sensitive positions).
   2. Safety-sensitive job titles are precisely defined.
   3. Consequences for positive tests and policy violations are documented.
   4. Return-to-duty procedures include a DOT Substance Abuse Professional (SAP) evaluation.
2. Monitor federal agency notices from the DOT, DEA, HHS, and the Department of Justice. Subscribe to transportation compliance alerts and industry association newsletters to remain up to date.
3. Prepare a 30-day update plan in case federal agencies issue new guidance. Identify who on your team will communicate changes to employees, TPAs, and safety managers.

Ongoing

1. Stay engaged with industry groups to understand emerging carve-out proposals and regulatory developments.
2. Document your testing procedures meticulously. In the event of a positive test or dispute, clear records of your compliance efforts will support your position.
3. Request written confirmation from your TPA and MRO that they will continue to process and certify marijuana test results under current protocols and notify you immediately of any changes to their authority.

Editor's Note

We will continue to monitor guidance from the Department of Transportation, the Drug Enforcement Administration, the Department of Health and Human Services, and Congress. This page will be updated as new federal guidance becomes available. Subscribe to DISA's Compliance Alerts to receive immediate notifications of regulatory changes affecting DOT drug testing and safety-sensitive workforces. 

• DOT official guidance on marijuana testing (DOT ODAPC notice)