Marijuana Rescheduling Executive Order Signed: What Employers Need to Know Now

Mid-South Drug Testing | Memphis, TN & Paragould, ARSource: National Drug & Alcohol Screening Association (NDASA); White House Executive Order

On December 18, President Donald Trump signed an Executive Order directing the U.S. Attorney General and the Drug Enforcement Administration (DEA) to accelerate the rescheduling of marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA).

The announcement has generated significant attention among employers, safety professionals, and regulated industries. However, according to guidance from the National Drug & Alcohol Screening Association (NDASA), there are currently no immediate changes to workplace drug testing programs.

Is Marijuana Now Schedule III?

No. As of this writing, marijuana remains classified as a Schedule I substance. The DEA must complete an administrative rulemaking process before any reclassification becomes official. While the Executive Order calls for the process to be expedited, the timeline could range from months to years.

Does the Executive Order Legalize Marijuana Nationwide?

No. Reclassification to Schedule III would treat marijuana more similarly to certain prescription medications. It would not create national legalization. Federal agencies would determine regulatory parameters, including prescription controls and medical labeling requirements. State laws would still apply, and employer drug-free workplace policies would remain enforceable.

Can Employers Still Test for Marijuana?

Yes. NDASA clearly states that workplace drug testing programs should proceed as normal. No changes have occurred. Employers may continue testing for marijuana under both DOT and non-DOT programs.

What Happens to DOT and HHS Testing Programs?

According to the U.S. Department of Transportation (DOT), drug testing regulations will not change until the rescheduling process is complete. However, NDASA notes that future implications remain uncertain if marijuana becomes Schedule III. Federal testing authority under DOT regulations and the Department of Health and Human Services (HHS) Mandatory Guidelines could require a protective “Safety Carve Out” to continue marijuana testing at the federal level.

NDASA Advocacy on Capitol Hill

Ahead of the State of the Union Address, NDASA hosted a briefing on Capitol Hill to discuss industry priorities following the December 18 Executive Order. With DEA implementation guidance expected soon, NDASA leadership met with congressional representatives and policymakers to outline the implications of marijuana rescheduling for the drug and alcohol screening industry.

Representing employers, testing companies, laboratories, third-party administrators (TPAs), HR professionals, and safety experts, NDASA emphasized the importance of maintaining workplace safety protections during any regulatory transition.

Nearly two dozen Congressional offices attended the session, representing millions of Americans. Lawmakers were invited to share their priorities related to rescheduling and explore opportunities for collaboration as the federal process moves forward. NDASA also reinforced its role as an ongoing resource throughout implementation.

What Should Non-DOT Employers Do Now?

NDASA recommends that employers:

• Continue identifying marijuana as an impairing substance

• Test according to established safety policies

• Evaluate and update workplace drug policies

• Consult with their Medical Review Officer (MRO) regarding procedures for marijuana-based prescription medications

As marijuana policy evolves, employers must remain focused on impairment prevention, regulatory compliance, and workplace safety.

Mid-South Drug Testing’s Position

Mid-South Drug Testing supports continued clarity and science-based policy in workplace drug testing. At this time:

• Marijuana remains Schedule I

• DOT testing requirements remain unchanged

• Workplace testing programs should continue as written

We will continue monitoring updates from NDASA, the DEA, DOT, and HHS and will provide guidance as enforceable regulatory changes occur.

For questions about your DOT or non-DOT drug testing program, contact Mid-South Drug Testing at (901) 320-9295 or (870) 215-0025 or visit https://midsouthdrugtesting.com.

For the full NDASA update, visit https://ndasa.com.