Subject: Update: Executive Order on Marijuana Rescheduling
Preheader: What the new EO means for your workplace drug testing policy.
You may have heard the recent news regarding President Trump’s executive order directing the Attorney General to expedite the process of rescheduling marijuana to Schedule III. We want to ensure you have the facts on what this means for your organization right now.
What Does This Executive Order Do?
This order directs the Attorney General to speed up the review process. However, it is important to clarify two key points:
- It does not immediately move marijuana to Schedule III.
- It does not make marijuana legal federally.
The order simply initiates the expedited review. At this time, it is not known whether the administration will follow the regular administrative process for rescheduling or utilize a different approach.
How Does This Effect You Today?
The short answer is: Nothing changes today. Your current drug testing policies and procedures remain in effect.
Advocating for Workplace Safety
Workplace Screening Intelligence (WSI) is committed to protecting your interests. We are a proud member of the National Drug and Alcohol Screening Association (NDASA), and our CEO, Phil Dubois, serves as the Chair of the NDASA Government Affairs Committee.
Through this partnership, we are actively advocating for a “Safety Carve Out.” This provision would ensure that safety-sensitive employers retain the right to continue testing for marijuana even if rescheduling occurs.
We Are Here to Help
We are monitoring this situation closely and will keep you informed of any future changes and exactly how they might impact your compliance requirements.
If you have questions about your current policy or this update, please reach out to our team.
Sincerely,
The Workplace Screening Intelligence Team
DOT OFFICE OF DRUG AND ALCOHOL POLICY AND COMPLIANCE NOTICE
On December 18, 2025, the President of the United States issued an Executive Order directing the Department of Justice to complete the rescheduling process of marijuana from a Schedule I to a Schedule III drug of the Controlled Substances Act (CSA).
We have had inquiries about what impact this Executive Order will have on the Department of Transportation’s longstanding regulation about the use of marijuana by safety‐sensitive transportation employees – pilots, school bus drivers, truck drivers, train engineers, subway operators, aircraft maintenance personnel, transit fire‐armed security personnel, ship captains, and pipeline emergency response personnel, among others.
First – marijuana is still a Schedule I drug under the CSA until any rescheduling is complete. It remains unacceptable for any safety‐sensitive employee subject to drug testing under the Department of Transportation’s drug testing regulations to use marijuana.
Second – until the rescheduling process is complete, the Department of Transportation’s drug testing process and regulations will not change. Transportation employees in safety-sensitive positions will still be subject to testing for marijuana. Furthermore, the Department’s guidance on medical and recreational marijuana and CBD are still in effect.
Laboratories, Medical Review Officers and Substance Abuse Professionals must continue to follow 49 CFR Part 40. There are no changes to your roles and responsibilities as they relate to marijuana.
We will continue to monitor the rescheduling process and update the transportation industry as appropriate.
We want to assure the traveling public that our transportation system is the safest it can possibly be.