US Drug Test Centers Blog
Marijuana Rescheduling: A Guide for Employers
As the workplace drug testing landscape continues to evolve, employers are seeking clear, practical guidance. Recent federal action related to marijuana rescheduling has generated questions and, in some cases, confusion. This overview is designed to help employers understand what has changed, what has not, and how to prepare for what comes next.
This article will discuss the important considerations stemming from theming from executive order directing the rescheduling of marijuana. You can view the full executive order here.
- Overview of the Federal Executive Order
- What Rescheduling Means — and Does Not Mean
- Impact on Employer Drug Testing Programs
- State Laws vs. Federal Law
- ADA and Accommodation Considerations
- What the Future May Look Like
- Key Takeaways for Employers
Overview of the Federal Executive Order
On Thursday, December 18, 2025, President Donald Trump issued an executive order directing federal agencies to move forward with the process of rescheduling marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA). While this represents changes to come, it is important to understand that marijuana has not been legalized at the federal level.
The rescheduling process requires formal rulemaking by the Department of Justice and the Drug Enforcement Administration. Until that process is completed, marijuana remains a Schedule I controlled substance under federal law. Marijuana currently remains Schedule I and illegal on the Federal Level. Marijuana has not been legalized on the Federal level.
What Rescheduling Means — and Does Not Mean
Schedule I substances are defined as having no accepted medical use and a high potential for abuse. Schedule III substances, by contrast, are recognized as having accepted medical use and a lower potential for abuse, but they remain regulated and controlled.
Rescheduling does not mean:
- Marijuana is federally legal
- Employers must stop testing for marijuana
- Employees may use marijuana without workplace consequences
For employers, the distinction is critical. Marijuana remains illegal under federal law today, and existing workplace drug policies remain fully enforceable. Use of marijuana remains prohibited for DOT regulated employees.
Impact on Employer Drug Testing Programs
At this time, there is no requirement for employers to change their drug testing programs. Marijuana testing remains lawful, and for many employers, particularly those in safety-sensitive industries, it remains essential.
Department of Transportation (DOT) regulated employers must continue testing for marijuana as required. The executive order does not alter DOT regulations or federal testing mandates. An employer can face immediate violations and penalties for any deviation to the existing DOT regulations for drug and alcohol testing.
Employers may wish to proactively communicate with employees to clarify that:
- Company drug policies remain unchanged
- Positive marijuana test results may still result in disciplinary action
- Safety expectations remain a top priority
- Federal law, (DOT) prohibits marijuana used by DOT regulated employees.
Clear communication can help prevent misunderstandings and protect workplace safety.
State Laws vs. Federal Law
State marijuana laws continue to vary widely. Some states provide protections for medical marijuana users, while others do not. Additionally, some states have laws allowing recreational marijuana. The federal executive order does not override state law, nor does it require employers to permit marijuana use at work or on company property.
Employers operating in multiple states should continue to apply consistent policies while accounting for state-specific requirements. US Drug Test Centers (USDTC) works closely with employers to help navigate these differences without compromising safety or compliance.
ADA and Accommodation Considerations
Historically, courts have rejected Americans with Disabilities Act (ADA) accommodation requests related to marijuana use because it was federally illegal. As rescheduling progresses, employers may see renewed arguments for accommodation when marijuana is used for medical purposes.
Even in those situations, employers are not required to accommodate marijuana use if it:
- Creates a direct threat to safety
- Impairs job performance
- Conflicts with federal regulations or job requirements
- Is consumed at work
Safety-sensitive positions will continue to be monitored closely to maintain a workplace without accidents and harm to workers or the general public.
What the Future May Look Like
While no immediate changes are required, marijuana rescheduling may signal longer-term shifts in workplace drug testing. Employers may see increased focus on impairment-based assessments, supervisor training, and reasonable suspicion testing.
Traditional drug testing will remain a cornerstone of workplace safety, particularly where federal regulations apply. At the same time, employers should be prepared for gradual regulatory updates and evolving best practices.
How US Drug Test Centers (USDTC) Supports Employers
US Drug Test Centers partners with employers to provide:
- Compliant drug testing programs
- Policy development and review
- Supervisor training and education
- Ongoing regulatory guidance
Our goal is to help employers maintain safe, productive, and compliant workplaces while confidently navigating change.
Key Takeaways for Employers
- Marijuana is not federally legal
- Drug testing programs remain valid and enforceable
- DOT and safety-sensitive testing requirements remain unchanged
- Employers should monitor regulatory developments and communicate clearly
- Educating employees is critical as there a lot of misunderstandings, misconceptions and rumors.
USDTC will continue to monitor federal changes to marijuana and DOT updates for DOT drug and alcohol testing required programs. Once the rescheduling of marijuana is official, additional information will be posted.
