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Accredited Drug Testing
President Trump's Marijuana Rescheduling Executive Order (Schedule III): What It Means for DOT & Workplace Drug Testing
Updated for the latest federal guidance as of December 19, 2025
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On December 18, 2025, President Donald J. Trump issued an Executive Order titled
"Increasing Medical Marijuana and Cannabidiol Research", directing federal agencies to proceed
with the established administrative process to reschedule marijuana to Schedule III under the Controlled Substances Act (CSA).
The biggest question from employers, service agents, and safety-sensitive workers is:
Does this change DOT marijuana testing right now? Here is the compliance-first answer.
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The Bottom Line for DOT: No Immediate Change
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DOT's Office of Drug & Alcohol Policy & Compliance (ODAPC) issued a notice dated December 19, 2025
to address questions about the Executive Order.
- Marijuana remains Schedule I under the CSA until rescheduling is fully completed.
- DOT drug testing and DOT regulations do not change during the rescheduling process.
- Safety-sensitive employees remain subject to marijuana testing.
- DOT guidance on medical/recreational marijuana and CBD remains in effect.
- Labs, MROs, and SAPs must continue following 49 CFR Part 40.
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Key takeaway: Rescheduling headlines do not change DOT testing. DOT compliance changes only when DOT updates its rules and published guidance.
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What This Means for Employers
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DOT-Regulated Employers
- Continue testing for marijuana under DOT requirements.
- Continue following Part 40 procedures and documentation.
- Medical marijuana authorization is not a valid explanation for a DOT marijuana positive.
Non-DOT / Private Employers
Schedule III discussions can create confusion, but rescheduling is not the same as federal legalization.
Private employers may still maintain drug-free workplace policies, subject to state law and clear written policy language.
Practical best practice: if you operate both DOT and non-DOT programs, keep policies clearly separated, train supervisors on the difference, and confirm your state-law requirements before changing any THC rules.
Last updated: Friday, December 19, 2025
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Sources |
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The White House: Executive Order (Dec 18, 2025): Increasing Medical Marijuana and Cannabidiol Research
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U.S. DOT ODAPC: Notice on Testing for Marijuana (Dec 19, 2025)
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49 CFR Part 40: DOT Procedures for Transportation Workplace Drug and Alcohol Testing Programs
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