December 18, 2025 the President of the United States issued an Executive Order directing the Department of Justice to complete the rescheduling process of marijuana from a Schedule I to a Schedule III drug of the Controlled Substances Act (CSA).
https://www.transportation.gov/odapc/marijuana-notice
- No Immediate Changes: This is not a federal legalization. Until the federal rescheduling process of marijuana from a Schedule I to a Schedule III drug is complete, DOT drug testing regulations will not change. Testing for marijuana will continue as required.
- Safety-Sensitive Positions Prohibited from Use: Continue to enforce current policies and enforcement procedures. It remains unacceptable for any safety-sensitive employee subject to DOT testing regulations to use marijuana, on or off duty.
- State Laws and Medical Marijuana are Not Valid Explanations: State-based medical or recreational marijuana laws do not provide a legitimate medical explanation for a positive test result under 49 CFR Part 40. Medical Review Officers (MROs) must verify a positive result as positive, regardless of state law or a physician’s recommendation.
- Rulemaking Process Will Take Months: Rescheduling is not automatic and will take time. Federal Agencies must complete formal procedures. We will continue to monitor this process and update guidance from the DOT.