Marijuana Rescheduling Executive Order Explained

Federal Marijuana Rescheduling Signals Major Concerns

Marijuana Executive Order explained for employers and Substance Abuse Professionals (DOT SAP). The federal government has announced a significant review of the Controlled Substances Act (CSA) that could reshape marijuana policy in the United States. An Executive Order directed the Department of Justice (DOJ) to complete the process of moving marijuana from Schedule I——to Schedule III, a classification that recognizes medical use while maintaining regulatory controls.

While this marks a historic shift in federal drug policy, the implications extend far beyond cannabis reform. For transportation and other safety-sensitive industries, drug testing remains a critical public safety safeguard—and that has not changed anything with this Presidential Executive Order for employers and their policies.

No Immediate Changes to DOT Drug Testing Programs

Despite public perception, the Department of Transportation (DOT) has clearly stated that there are no immediate changes to DOT-regulated drug and alcohol testing programs.

Until the rescheduling process is fully finalized:

• Marijuana remains a Schedule I substance
• DOT drug testing regulations remain unchanged
• Use of marijuana by safety-sensitive employees is still prohibited

The DOT emphasized that it would continue to monitor the rescheduling process and provide guidance to regulated employers as needed. For, general workforce (Non-DOT) employers continue to follow your drug and alcohol testing programs as usual. Remember to adhere to any regulations within the states you operate and employ in.

Why Safety Advocates Are Raising Red Flags

Safety organizations have expressed serious concerns about what happens after rescheduling is complete. Under current Health and Human Services (HHS) rules, Department of Transportation (DOT) and Nuclear Regulatory Commission (NRC) testing panels only include Schedule I and II substances. If marijuana moves to Schedule III without regulatory safety carve-outs, it could be removed from mandatory testing panels.

This concern is not theoretical. Data shows:

• 20% of workers admit to using cannabis during work hours
• 69% of all DOT FMCSA Clearinghouse violations involve marijuana
• Cognitive impairment from marijuana can last up to 24 hours, particularly with edibles

For pilots, truck drivers, train operators, and nuclear facility workers, even slight impairment can have catastrophic consequences. All safety sensitive positions, either federally mandated or not federally mandated (general workforce) have increased concerns in the workforce being safe.

A workplace rooted in support, accountability, education, and structured recovery programs not only help individuals thrive but also strengthens the entire organization. Clear company policies, train supervisors to recognize signs and symptoms of impairment, provide employee awareness education, have well-defined Substance Abuse Professional SAP programs, implemented alongside robust drug and alcohol testing—are essential components of an effective prevention strategy.

Prevention starts with awareness, and proactive employer engagement remains one of the strongest safeguards against impairment-related incidents in the workplace.

The Need for Impairment Standards and Regulatory Coordination

Unlike alcohol, marijuana lacks a scientifically accepted impairment standard similar to blood alcohol concentration (BAC). Safety advocates, including substance abuse and transportation organizations, support expanded research—but stress that testing deterrents must remain in place until reliable impairment metrics exist.

Rescheduling may unlock research opportunities, but without coordinated action from HHS, DOT, and DOJ, public safety gaps could emerge.

What Employers Should Do Now

For DOT-regulated employers, the takeaway is clear:

• No policy or testing changes are required today
• Marijuana use is still prohibited for safety-sensitive employees
• Employers should stay informed and prepare for future regulatory updates by subscribing to DOT’s email notification system: Subscribe Here
• Employees with DOT drug and alcohol testing violations must still complete the DOT Return to Duty process

Conclusion

Marijuana rescheduling represents a pivotal moment in U.S. drug policy—but safety must remain the priority. As federal agencies navigate reform, protecting the traveling public and maintaining effective DOT drug testing programs is essential. Until impairment standards and regulatory safeguards are established, marijuana testing remains a cornerstone of transportation safety. For all service agents, employers and employees to be aware that nothing has changed as of today.

References

Department of Transportation. (2024). DOT statement on marijuana and the Controlled Substances Act. U.S. Department of Transportation, Office of Drug and Alcohol Policy and Compliance. https://www.transportation.gov/odapc

Department of Transportation, Office of Drug and Alcohol Policy and Compliance. (2024). Drug and alcohol testing regulations (49 CFR Part 40). https://www.transportation.gov/odapc/part40

Federal Motor Carrier Safety Administration. (2024). Drug and Alcohol Clearinghouse monthly summary reporting. U.S. Department of Transportation. https://clearinghouse.fmcsa.dot.gov

Federal Motor Carrier Safety Administration. (2025, November). Clearinghouse Monthly Summary Report — November 2025. U.S. Department of Transportation. https://clearinghouse.fmcsa.dot.gov/content/resources/Clearinghouse_MonthlyReport_November2025.pdf

U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration. (2023). Mandatory guidelines for federal workplace drug testing programs. https://www.samhsa.gov/workplace/drug-testing

U.S. Department of Health and Human Services. (2024). Controlled Substances Act scheduling and medical evaluation process. https://www.hhs.gov

National Transportation Safety Board. (2023). Drug use trends in transportation-related crashes. https://www.ntsb.gov