While rescheduling marijuana to Schedule III could expand research and medical use nationwide, truck drivers and other safety-sensitive employees should not expect immediate, or automatic, changes to DOT drug testing rules.
Recent federal action has reignited questions across the transportation industry. On December 18, 2025, the President issued an Executive Order directing the Department of Justice to complete the process of rescheduling marijuana from a Schedule I to a Schedule III drug under the federal Controlled Substances Act (CSA).
Although this move would formally recognize marijuana as having accepted medical use and a lower potential for abuse, Department of Transportation (DOT) regulations governing safety-sensitive employees remain firmly in place, for now.
Understanding what could change, what won’t, and where uncertainty exists is critical for trucking companies and drivers alike.
Understanding Schedule I vs. Schedule III
Currently, marijuana is classified as a Schedule I drug, alongside substances such as heroin and LSD, meaning the federal government considers it to have:
- A high potential for abuse
- No accepted medical use
Schedule III drugs, by contrast, include substances like ketamine, Tylenol with codeine, and certain anabolic steroids. These drugs:
- Have recognized medical uses
- Carry a lower potential for physical or psychological dependence
- Typically require a valid prescription
Rescheduling marijuana would not legalize recreational use nationwide. Federal criminal prohibitions would largely remain intact, but the change would allow expanded medical research, formal recognition of medical value, and certain tax and regulatory benefits for cannabis-related businesses.
DOT’s Official Position: No Immediate Changes
In response to widespread questions, the DOT Office of Drug and Alcohol Policy and Compliance issued a formal notice clarifying the agency’s position.
Key takeaways from DOT:
- Marijuana remains a Schedule I drug until rescheduling is finalized
- DOT drug testing regulations will not change during the rescheduling process
- Safety-sensitive employees are still prohibited from using marijuana
- Testing for marijuana will continue under 49 CFR Part 40
- DOT guidance on medical marijuana, recreational marijuana, and CBD remains in effect
Laboratories, Medical Review Officers (MROs), and Substance Abuse Professionals (SAPs) are required to continue following all existing procedures. DOT emphasized its commitment to maintaining the highest level of transportation safety.
In short: nothing changes today for DOT-regulated drivers.
Why Rescheduling Still Raises Serious Questions
Although DOT’s position is clear in the near term, industry experts warn that rescheduling marijuana could introduce regulatory ambiguity once finalized.
DOT drug testing does not exist in isolation. It relies on:
- DOT regulations (49 CFR Part 40)
- Mode-specific rules (FMCSA Part 382 for trucking)
- Department of Health and Human Services (HHS) drug testing guidelines
If marijuana is no longer a Schedule I substance, questions arise about whether DOT and FMCSA retain authorization to test for it, since HHS guidelines historically focus on Schedule I substances.
What Could Happen Next? Possible Scenarios
While no final outcome has been determined, experts see several potential paths forward:
1. Status Quo for Safety-Sensitive Employees
The most likely outcome is a carve-out for safety-sensitive industries, keeping marijuana prohibited for DOT-regulated workers even if rescheduled. This would preserve existing testing and enforcement practices.
2. Prescription-Based Evaluation (Similar to Other Schedule III Drugs)
If marijuana were treated like other Schedule III substances, drivers who test positive might theoretically avoid disqualification only if:
- They have a valid prescription
- The prescribing physician and MRO agree the drug does not impair safe driving
However, this scenario presents major challenges due to marijuana’s lingering metabolites and impairment concerns.
3. A Shift Toward an Alcohol-Like Model
Another possibility is treating marijuana more like alcohol, legal to use off duty but prohibited while impaired or on duty.
The major obstacle: there is currently no reliable, real-time method to measure marijuana impairment, unlike breath alcohol testing. DOT drug tests detect THC metabolites, not impairment, which complicates enforcement.
4. Extended Regulatory Uncertainty
DEA’s rulemaking process is still in the notice of proposed rulemaking stage, with public comments, agency feedback, and potential revisions ahead. Experts expect months or years before final clarity emerges.
State vs. Federal Law: The Conflict Remains
Even today, many states allow medical or recreational marijuana use. DOT and FMCSA have long been clear: state legality does not override federal safety rules.
Rescheduling marijuana federally could further complicate matters, as:
- Some states may still prohibit marijuana use
- Others may expand protections for users
- Federal safety rules may lag behind CSA changes
For interstate drivers, this patchwork creates ongoing career risk and compliance challenges.
What Trucking Companies and Drivers Should Do Now
Until federal regulations change, DOT compliance expectations remain unchanged.
Action steps:
- Stay informed on DEA, DOT, FMCSA, and HHS developments
- Maintain existing drug and alcohol testing programs
- Educate drivers clearly on federal vs. state law conflicts
- Avoid assumptions that medical or state-legal marijuana use is permitted
- Consult compliance experts before modifying policies
CNS Occupational Medicine offers complete drug and alcohol testing program management, including MRO services, and compliant documentation tracking.
Our experts ensure that all DOT rules and regulations are followed, including the implementation of random drug tests for you and your drivers, updating your company drug testing policies, record retention and document purge management.
We take all the necessary steps and precautions to keep you and your drivers compliant with the DOT drug and alcohol testing requirements.
For more information, contact us at 800.551.9816 or info@cnsoccmed.com.
