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Marijuana Rescheduling: Implications for Employer Drug Testing

Written by Vanessa Mitchell | Wednesday, 18 February 2026

On December 18, 2025, President Donald J. Trump signed an executive order Increasing Medical Marijuana and Cannabidiol Research. The primary agenda for this executive order to is change Marijuana from a Schedule I Drug to a Schedule III Drug in order to remove roadblocks and allow further research regarding medical use.

 

Medical Use andResearch

Clinical research has already concluded that cannabinoid medications are beneficial for treating chemotherapy-induced nausea and vomiting, cancer associated pain, and tumor growth.

In 2023-2024, the FDA found credible scientific support in favor of medical marijuana for use in cancer and chronic pain.

Until now, federal drug control policy management has restricted institutions from performing comprehensive research regarding the safety and effectiveness of medical marijuana. The Executive Order intends to remove the barriers to thorough research.

 

Drug Scheduling

What is the difference between Schedule I and Schedule III drugs? Here’s a little background for all schedules of drugs. More information can be found on the DEA website.

Schedule I are measured to have a high potential for abuse with no currently accepted medical use. Examples include: heroin, LSD, and ecstasy.

Schedule II are measured to have a high potential abuse and are considered dangerous. Examples include: Vicodin, cocaine, methamphetamine, and fentanyl.

Schedule III are measured to have a moderate to low potential for abuse and dependency. Examples include: Tylenol with codeine, ketamine, and steroids.

Schedule IV are measured to have low potential for abuse and dependence. Examples include: Xanax, Valium, Ativan, Ambien.

Schedule V are measured to have a low potential (less than Schedule IV) for abuse. Examples include: Robitussin AC, antitussive, and analgesic drugs.

 

Does Rescheduling Change DOT Policies?

DOT has long-standing directives regarding marijuana testing on transportation employees. They issued a notice on December 19, 2025, that outlines their policies have not changed since the announcement of the Executive Order. They state that until the rescheduling is complete, there will be no changes to their procedures. Ultimately, once rescheduling is complete, employees in sensitive positions will still be subject to marijuana testing. Monitor their website for future announcements regarding policy changes.

 

Implications for Employer Drug Testing Policies and Practices

First and foremost, rescheduling does not mean legalization. Recreational marijuana use is not legalized due to the recent Executive Order. As an employer, you still may have an appropriate cause to drug test employees in order to prevent impairment on the job.

There are several steps to take today to ensure you remain compliant in your drug testing program.

  1. Consult with a qualified legal counsel to ensure your policies and procedures are compliant.
  2. Monitor legal developments.
  3. Clearly communicate to your employees regarding your policies (whether or not they have changed).

 

Want to revisit your drug testing program? Consult with one of our expert account advisors.

This blog is intended for Choice Screening's current or prospective clients and partners and may not be forwarded outside of Choice Screening, posted online, or otherwise reprinted in whole or in part. The information contained in this blog is meant to be informative only, it is not all encompassing, nor contains legal advice, expressed or implied. Consult with qualified legal counsel in all matters of employment, business, and background screening law.