A monumental shift in federal drug policy
Recently, President Trump indicated he’s considering rescheduling marijuana, from the highly restrictive Schedule I to the less stringent Schedule III under the Controlled Substances Act. This change would acknowledge marijuana’s accepted medical use and lower abuse potential, potentially easing banking constraints and encouraging institutional investment in the cannabis industry. However, despite growing industry optimism, full federal legalization remains unlikely, given Congressional limits and DEA authority constraints.
Broader implications for public health and industry
Rescheduling marijuana would bolster medical research, facilitate the FDA approval process for cannabis-derived treatments, and enable prescriptions within Schedule III rules. Businesses could also deduct ordinary business expenses, no longer barred under Section 280E, as is currently the case for Schedule I substances.
What it means for employers and drug-free workplace programs
If cannabis is rescheduled, many employers may feel pressure to soften off-duty policies, especially in states legalizing medical or recreational use. Still, federal law maintains its prohibition, and employers, even private ones, retain the right to enforce zero-tolerance policies during work hours. In other words, employers can continue to drug test their employees for THC.
DOT and federal testing, rules remain firm, but questions arise
Even if marijuana were reclassified, the Department of Transportation (DOT) has made it clear that DOT drug testing requirements would not change. Safety-sensitive roles, pilots, truck drivers, railroad operators, would still be subject to marijuana screening, since DOT regulations identify the drug by name, not by its scheduling status.
However, concerns persist:
- Without explicit regulatory protection, rescheduling could introduce legal ambiguity.
- The American Trucking Associations (ATA) warns that removing marijuana from testing panels under existing frameworks could leave a dangerous gap in safety oversight.
- The National Transportation Safety Board (NTSB) underscores that rescheduling should not compromise testing and transportation safety. They urge the DEA to ensure rescheduling doesn’t eliminate marijuana from testing panels relevant to safety-sensitive employees under DOT and HHS guidelines.
Why law enforcement, D&A service agents, and HR professionals should be paying attention
- Policy clarity is critical, especially for those managing compliance, enforcement, and workplace safety.
- Solid testing protocols remain essential to your mission, even if rescheduling doesn’t alter substance control classifications.
- Legal landscapes are in flux, especially at the intersection of federal versus state regulations, particularly where medical marijuana legalization exists.
- Education matters, stakeholders must reinforce that rescheduling doesn’t equate to safety or impairment overlook or forgiveness.
Key takeaways and action steps
| Role | What You Should Do |
| Law Enforcement | Reinforce enforcement protocols and clarify that impairment, regardless of schedule, remains unlawful in safety-sensitive contexts. |
| Employers / HR | Review and, if needed, reaffirm your drug-free workplace policies; ensure zero-tolerance language is clear, especially for safety-sensitive positions. |
| D&A Service Providers / C/TPAs | Prepare for increased client inquiries, clarify testing expectations, possible legal gray zones, and compliance steps. |
| Professional Associations (e.g., trucking, aviation) | Monitor regulatory updates and collaborate with legislators to preserve safety-sensitive testing authorities. |
| DOT/Federal Agencies | ODAPC should publicly reaffirm that rescheduling does not eliminate marijuana testing, maintain clarity and enforcement. |
Rescheduling marijuana could be a landmark change, not just for cannabis businesses and research, but for drug-free workplace and safety-sensitive testing regimes nationwide. As compliance professionals, employers and service agents (Collectors, BATs, MRO’s, etc.), it’s essential to stay informed, reinforce existing policies, and prepare for any regulatory aftermath.