How this affects you
- DOT zero-tolerance policy unchanged: Despite the reclassification to Schedule III, the Department of Transportation’s Office of Drug and Alcohol Policy and Compliance (ODAPC) maintains its strict zero-tolerance position for all safety-sensitive employees, including truck drivers and CDL holders.
- Testing protocols and prohibitions remain in effect: Marijuana remains a prohibited substance under 49 CFR Part 40, and the standard five-panel DOT drug test—where marijuana accounts for nearly 60% of all positive results—remains unchanged by this order.
- No exception for medical marijuana: While 40 states have legalized medical use, federal safety regulations continue to supersede state laws; CDL holders are strictly prohibited from using marijuana both on and off duty, regardless of its new schedule status.
- Selective reclassification for medical products: The immediate shift to Schedule III applies exclusively to FDA-approved and state-licensed medical marijuana products to facilitate research, but it does not federally legalize marijuana or authorize it for recreational use.
The Justice Department and the Drug Enforcement Administration announced Thursday that medical marijuana and FDA-approved cannabis products have been immediately reclassified as Schedule III controlled substances, a major shift in federal drug policy.
The move, which follows a Dec. 18, 2025, executive order from President Trump, applies to all marijuana products regulated by state medical licenses and those with federal approval.
Trump’s action does not federally legalize marijuana, and reclassification to Schedule III does not legalize it for recreational use. Schedule III drugs still require a prescription, and the Department of Transportation’s (DOT) Office of Drug and Alcohol Policy and Compliance (ODAPC) maintains its zero-tolerance position for all employees in safety-sensitive positions, including truck drivers and CDL holders, pilots, and transit operators.
The chart represents the breakdown of results reported to the Drug and Alcohol Clearinghouse, by year, since January 6, 2020, of the number of times a driver tested positive for each substance.
Marijuana, which accounts for nearly 60% of all positive drug tests among commercial drivers subject to DOT requirements, remains a prohibited substance under 49 CFR Part 40, and the standard five-panel drug test used by the DOT is unchanged by this order.
Current DOT drug and alcohol testing requirements are governed and limited in their testing authority by U.S. Department of Health and Human Services (HHS) Mandatory Guidelines for Federal Workplace Drug Testing Programs, which allow regulated employers to test only for drugs listed in Schedule I or II of the Controlled Substances Act.
DOT has repeatedly affirmed that marijuana is identified by name in its testing regulations rather than by schedule or classification.
The National Transportation Safety Board in 2024 expressed concern that reclassification would prevent testing for marijuana use by safety-sensitive employees subject to DOT drug testing or to federal workplace drug testing under HHS Mandatory Guidelines.
According to the NTSB, moving marijuana to Schedule III without taking steps to ensure that marijuana testing remains within the scope of pre-employment, random, reasonable suspicion, and post-accident drug testing would create a safety “blind spot.”
Reached by CCJ Thursday morning, NTSB said its position remains unchanged.
The Truckload Carriers Association (TCA) on Thursday said it was concerned that reclassification could complicate transportation safety and enforcement measures. Unlike alcohol, there is no universally accepted standard for determining impairment at the roadside and it has been more than a decade since the FAST Act called for hair testing as an alternative measure to satisfy the drug testing protocols prescribed by DOT.
"Looking at this change through a lens focused on commercial motor vehicle and highway safety, TCA has concerns that this reclassification could carry unintended consequences for an industry that prohibits truck drivers from using marijuana," said TCA Vice President of Government Affairs Dave Heller. "Notifications such as these often lead to misinterpretations of federal regulations, but even with the rescheduling, we must continually stress that marijuana use, even medical marijuana, is strictly prohibited for commercial motor vehicle operators.
TCA and Heller called for the passage of the Drug and Alcohol Clearinghouse Public Safety Improvement Act of 2025, a bill that would require positive hair test results be included in the federal clearinghouse. "This bill would ensure that motor carriers can share positive hair test results with other carriers through clearinghouse, before they ever get behind the wheel of a truck," Heller added.
Acting Attorney General Todd Blanche noted that the reclassification would provide doctors with more reliable information and allow for more robust research into the safety and efficacy of cannabis. By moving these substances from Schedule I to Schedule III, the administration is easing federal restrictions to facilitate medical research and patient access while maintaining oversight.
In a dual-track approach, the DEA also initiated an expedited administrative hearing process to consider moving all marijuana—not just medical products—to Schedule III. That hearing is scheduled to begin June 29. The hearing will serve as the formal venue for evaluating the broader legal status of marijuana under federal law. Until that process is complete, the immediate reclassification applies strictly to state-regulated medical products and FDA-approved medications.
To accelerate the transition, the DEA is withdrawing a notice of hearing issued under the previous administration in August 2024. Officials said terminating the prior proceedings allows the agency to implement firm deadlines and move more efficiently toward a final redesignation.
DEA Administrator Terry Cole said the new process brings "consistency and oversight" to the industry, emphasizing that while medical access is expanding, the agency remains focused on combating illicit drug trafficking and the fentanyl epidemic.
