DOT Marijuana Policy After Executive Order on Rescheduling

Last Updated: December 22, 2025
Source: U.S. Department of Transportation (DOT) – Office of Drug and Alcohol Policy and Compliance (ODAPC)

Overview

On December 18, 2025, the President issued an Executive Order directing the Department of Justice (DOJ) to complete the process of rescheduling marijuana from a Schedule I to a Schedule III substance under the Controlled Substances Act (CSA).

Following this announcement, the DOT Office of Drug and Alcohol Policy and Compliance (ODAPC) issued a notice clarifying that nothing has changed yet regarding marijuana use and drug testing for safety-sensitive transportation employees.

This article explains what this update means for DOT-regulated employers, employees, and service agents such as laboratories, Medical Review Officers (MROs), and Substance Abuse Professionals (SAPs).

Key Points

1. Marijuana Remains a Schedule I Substance — For Now

• Marijuana is still classified as a Schedule I drug under the Controlled Substances Act until the rescheduling process is officially completed.
• This means that it remains illegal for safety-sensitive employees (e.g., truck drivers, pilots, train engineers, transit operators, ship captains, etc.) to use marijuana in any form — medical or recreational.
• DOT regulations continue to prohibit the use of marijuana by individuals subject to drug testing under 49 CFR Part 40.

2. No Immediate Changes to DOT Drug Testing Rules

• The DOT drug testing program and all related procedures remain in effect without change.
• Safety-sensitive employees are still tested for marijuana (THC) as part of the DOT drug testing panel.
• Medical and recreational marijuana and CBD products continue to be treated the same as before under DOT guidance — their use does not excuse a positive marijuana test result.

3. Employer and Service Agent Responsibilities Stay the Same

• Employers, laboratories, MROs, and SAPs must continue to follow existing regulations under 49 CFR Part 40.
• There are no changes to roles, responsibilities, or testing procedures as they relate to marijuana.
• Employers must continue to remove any employee from safety-sensitive duties following a verified positive marijuana test until the return-to-duty process is completed.

What Employers Should Do

DOT-regulated employers should continue to:

• Enforce zero-tolerance policies consistent with DOT regulations.
• Educate employees that marijuana remains unacceptable under federal law for safety-sensitive positions.
• Maintain current drug and alcohol testing programs in full compliance with 49 CFR Part 40 and modal regulations (e.g., FMCSA, FAA, FTA, PHMSA).
• Monitor DOT and ODAPC communications for future updates as the DOJ proceeds with the rescheduling process.

Frequently Asked Questions (FAQ)

Q: Does this Executive Order mean employees can now use marijuana legally?
A: No. Until the DOJ completes the rescheduling and the DOT updates its regulations, marijuana use remains prohibited for safety-sensitive employees.

Q: If marijuana becomes a Schedule III drug, will DOT testing rules change?
A: Not automatically. Any changes to DOT testing would require separate rulemaking. DOT has stated it will monitor the process and update the industry as appropriate.

Q: Are CBD products affected?
A: No. The DOT’s current CBD guidance remains in effect — CBD products may still contain THC and cause a positive drug test result.

Regulatory References

• 49 CFR Part 40 – Procedures for Transportation Workplace Drug and Alcohol Testing Programs
• Controlled Substances Act (21 U.S.C. §812) – Schedules of Controlled Substances
• ODAPC Notice (December 18, 2025) – Clarification on Marijuana Rescheduling Executive Order
• Executive Order (December 18, 2025) – Directing DOJ to initiate marijuana rescheduling to Schedule III

Summary

In short, nothing has changed yet for DOT-regulated drug testing.
Marijuana remains prohibited for safety-sensitive employees until further notice. DOT will continue monitoring federal actions and issue updates when — and if — regulatory changes occur.

For now, employers, service agents, and employees must continue to follow 49 CFR Part 40 and related DOT regulations exactly as written.