Despite rescheduling discussions, marijuana remains a Schedule I drug and Department of Transportation testing and enforcement requirements have not changed

This past December the President of the United States issued an Executive Order to reschedule marijuana from a schedule I drug to a schedule III drug. This announcement has led to widespread confusion—about whether marijuana drug testing requirements have changed. But don’t get excited thinking that has changed anything for safety-sensitive transportation employees yet.

Marijuana Rescheduling and Drug Testing Confusion

At this time, it is important to understand that marijuana is still classified as a Schedule I drug, and drug testing regulations are the same.

Who Is Affected by DOT Marijuana Drug Testing?

DOT drug and alcohol testing regulations apply to all safety-sensitive transportation employees, including but not limited to:

  • Commercial truck drivers
  • School bus drivers
  • Pilots and aircraft maintenance personnel
  • Train engineers and subway operators
  • Transit armed security personnel
  • Ship captains
  • Pipeline emergency response personnel

For one, while an Executive Order has been issued to the Department of Justice, the rescheduling has not been completed.

Marijuana Is Still a Schedule I Drug

As long as the rescheduling remains incomplete, the Department of Transportations drug testing and regulations remain the same. So, anyone who falls into the category of safety-sensitive driver under the Department of Transportation’s purview, your roles and responsibilities as they relate to the use of marijuana have not changed.

U.S. Department of Transportation’s Stance on Marijuana

The U.S. Department of Transportation has been clear that marijuana use—regardless of legality at the state level—remains prohibited for safety-sensitive employees.

Medical Marijuana and Drug Testing

A physician’s recommendation or prescription for medical marijuana does not exempt an individual from DOT drug testing regulations.
A positive marijuana test result cannot be overturned due to medical marijuana use.

Recreational Marijuana Use

Even though some states have legalized recreational marijuana, state laws do not override federal DOT regulations.
A positive drug test result will not be negated based on state-level legalization.

CBD Products and Drug Testing Risks

CBD products can be particularly risky for safety-sensitive employees. While hemp-derived products containing no more than 0.3% THC are not classified as controlled substances:

  • The FDA does not certify THC levels in CBD products
  • Product labeling may be inaccurate
  • THC exposure from CBD products can still result in a positive drug test

A positive marijuana test will not be overturned simply because an employee claims CBD use.

Key Takeaway: DOT Marijuana Rules Have Not Changed

The moral of the story here is: the Department of Transportation’s stance on the use of marijuana has not changed, despite talks surrounding it. The Department of Transportation will continue their established testing and enforcement regarding the use of marijuana.