Marijuana Rescheduling: What HR and Safety Leaders Should Know
Stay ahead of marijuana rescheduling. Learn what HR and safety leaders should know to keep drug testing programs compliant and ready for upcoming changes.
February 9, 2026
What happened: An Overview of the Executive Order
On December 19, 2025, President Trump signed an Executive Order directing the U.S. Attorney General and Drug Enforcement Administration (DEA) to accelerate the rescheduling of marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA).
Over the last few months, this news has raised numerous questions among HR, safety, and compliance professionals regarding the implications for Department of Transportation (DOT)- regulated and non-DOT drug testing programs.
ASAPcheck consulted with our experienced, in-house Medical Review Officers (MROs) to review the facts and provide guidance on how organizations can prepare for rescheduling.
Has Anything Changed for Drug Testing Programs (DOT and Non-DOT)?
As of January 2026, nothing has changed. The Executive Order only initiates the process of reclassifying marijuana, and although it requests an expedited process, it will take some time for various Federal Agencies to complete the rescheduling.
As of the writing of this blog:
Marijuana is still a Schedule I drug, and this designation will not change until the rescheduling is complete.
The DOT has confirmed there are no changes to drug testing requirements for safety-sensitive roles. Marijuana remains prohibited, and DOT testing panels still include THC.
HHS Mandatory Guidelines for federal workplace testing remain unchanged.
Employers with company policies (Non-DOT, Non-Federal) may still test for marijuana, but like before, all testing programs must comply with state laws.
If Nothing Has Changed, Why Is This News?
While it’s true that nothing has changed yet, the rescheduling will have an impact once it is completed. It is not hyperbole when the National Law Review recently said the rescheduling, “Represents the most significant change in federal cannabis policy in over 50 years.”
To better understand its impact, let’s start with the reasons why the Trump White House issued the Executive Order.
The fact sheet accompanying the order explains:
Removing barriers to research: To correct the Federal government’s long delay in recognizing the medical use of marijuana.
Improving access to cannabidiol products: Paving the way for enhanced research and better information on hemp-derived cannabinoid products.
Delivery on promises to help improve healthcare for all Americans: Ensuring our seniors, our veterans, and all Americans have access to the best medical treatments and research infrastructure in the world.
Or as the Associated Press reported, “the change could make the marijuana industry more profitable, facilitate new research on medicinal uses and nudge federal policy closer to a more tolerant approach already in place in many states.”
But for HR, safety, and compliance professionals, the question remains: What does this mean for my drug testing program?
While there is speculation, the truth is no one knows yet. ASAPcheck has been in industry discussions, and we feel it is important not to make any assumptions or suggest actions based on unmade decisions.
However, there are steps HR, safety, and compliance professionals can take to prepare.
What You Can Do to Prepare
Overall, the most important thing you can do is pay attention to industry, government, and other news announcements that shed light on developments or effects of the reclassification of marijuana.
Subscribe to the ODAPC List Serve Notices for US Department of Transportation and federal agency alerts.
Look out for additional information from the National Drug and Alcohol Screening Association (NDASA). Like this summary document, published in January of 2026.
Consult with your TPA and drug testing partners, like ASAPcheck, if you have questions about what this means for your organization.
Ensure your HR, safety, and compliance professionals are up-to-date with the latest information so they can continue drug testing programs with confidence.
Rescheduling: Things to Consider
As we noted before, it is impossible to know exactly what the rescheduling will mean for DOT programs and company policy programs until the process is complete. However, it is useful for HR, safety, and compliance professionals to ask questions and review pertinent information about how marijuana will be regulated in the future.
The main question we hear is: How will marijuana be regulated differently as a Schedule III drug?
In December of 2025, the Congressional Research Service published an insightful legal sidebar which explains:
Moving marijuana from Schedule I to Schedule III, without other legal changes, would not bring the state-legal medical or recreational marijuana industry into compliance with federal controlled substances law.
With respect to medical marijuana, a key difference between placement in Schedule I and Schedule III is that substances in Schedule III have an accepted medical use and may lawfully be dispensed by prescription, while substances in Schedule I cannot.
Users of medical marijuana would need to obtain valid prescriptions for the substance from medical providers, subject to federal legal requirements that differ from existing state regulatory requirements for medical marijuana.
With respect to the manufacture, distribution, and possession of recreational marijuana, if marijuana were moved to Schedule III, such activities would remain illegal under federal law and potentially subject to federal prosecution regardless of their status under state law.
In summary, when marijuana is rescheduled, it will open the door to the possibility for users to obtain valid medical prescriptions that comply with Federal law. However, at this time, it is unclear how the DOT and other federal agencies will address this in drug testing requirements for safety-sensitive roles.
Review: Remember No Changes Yet
As of the writing of this blog:
Marijuana is still a Schedule I drug.
No changes to DOT drug testing requirements, marijuana remains prohibited, and testing panels still include THC.
HHS Mandatory Guidelines for federal workplace testing remain unchanged.
Company policies may still test marijuana, but all testing programs must comply with State laws.
Have Questions, Need Support?
Contact ASAPcheck’s team of experienced drug testing professionals so we can better understand your situation and help you prepare for what rescheduling will mean for your organization.
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