Marijuana Rescheduling: What Employers Actually Need to Know Right Now

President Trump Signs Executive Order for rescheduling of Marijuana

Executive Order Signed — Now What?

In recent weeks, headlines have circulated about an Executive Order directing the federal government to accelerate the rescheduling of marijuana from Schedule I to Schedule III under the Controlled Substances Act.

Naturally, employers began asking one core question:

“Does this change workplace drug testing?”

The short answer: No — not right now.

The longer answer matters, and fortunately, clear guidance has been provided to help employers separate fact from speculation.

This guidance is based on information released by the National Drug & Alcohol Screening Association (NDASA). [ View NDASA’s response to marijuana rescheduling→]

What the Executive Order Does — and Does Not Do

The Executive Order directs the U.S. Attorney General and the Drug Enforcement Administration (DEA) to review and potentially expedite marijuana’s classification.

What it does not do:

• It does not legalize marijuana at the federal level

• It does not change workplace drug testing rules

• It does not override employer drug-free workplace policies

Even if marijuana were eventually classified as Schedule III, it would be treated more like a prescription medication, not an unrestricted substance.

As of today, marijuana remains a Schedule I substance, and the administrative process to change that classification could take months — or years.

Can Employers Still Test for Marijuana?

Yes.

As of today:

• Employers may continue testing for marijuana

• Existing drug-free workplace policies remain valid

• Safety-sensitive positions remain protected

No regulatory changes have occurred that require employers to stop testing or modify current programs.

If your program hasn’t changed — you’re doing it right.

What About DOT and Federal Testing Programs?

Federal guidance confirms that until the rescheduling process is complete, drug testing regulations will not change.

That means:

• DOT drug testing continues unchanged

• HHS Mandatory Guidelines remain in effect

• Marijuana stays on federally regulated testing panels

While speculation continues about potential future changes, any shift would likely require a formal safety carve-out — something that does not currently exist.

What Should Non-DOT Employers Be Doing Now?

This is not a moment for panic — it’s a moment for preparation.

Employers should:

• Continue identifying marijuana as an impairing substance

• Review and update written drug and alcohol policies as needed

• Ensure policies align with current science and workplace safety standards

• Work closely with a Medical Review Officer (MRO) when questions arise

Looking ahead, it is possible that marijuana-based prescription medications could become more common. Employers should be prepared to address impairment and safety concerns, regardless of legality or prescription status.

Bottom Line Regarding Marijuana Rescheduling

Despite the headlines:

• Marijuana has not been rescheduled

• Workplace drug testing programs remain intact

• DOT and federal testing requirements are unchanged

The best approach right now is simple: Stay informed. Stay compliant. Stay steady.

Start the Year with a Policy Check

A new year is the right time to confirm that your drug and alcohol testing policies reflect current regulations and best practices.

Whether you are reviewing policies in response to marijuana rescheduling discussions or simply conducting your annual compliance review, we can help ensure your program remains clear, defensible, and aligned with workplace safety requirements.

Contact us to schedule a policy review or compliance check-in.