Marijuana Rescheduling: What Employers Need to Know
On Dec. 18, 2025, President Donald Trump issued an executive order directing the U.S. attorney general and the Drug Enforcement Administration (DEA) to accelerate the process of rescheduling marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA). Below are answers to frequently asked questions.
Is marijuana currently a Schedule III substance?
No. Marijuana remains Schedule I as of now. The DEA must complete an administrative process before reclassification occurs. While the executive order calls for expedited action, the timeline could range from as soon as possible to several years.
Does the executive order legalize marijuana in the U.S.?
No. By reclassifying marijuana to Schedule III, we would treat it similarly to prescription medication. The federal government would set guidelines for prescribing and labeling, but this does not create national legalization.
Can workplace drug testing programs still test for marijuana?
Yes. No changes have occurred to those guidelines. Companies can continue testing according to their established safety policies.
How will Department of Transportation (DOT) and Health and Human Services (HHS) testing programs change if marijuana becomes Schedule III?
Currently, DOT states: "Until the rescheduling process is complete, the Department of Transportation’s drug testing process and regulations will not change."
Speculation exists that federal marijuana testing under DOT and HHS guidelines could end unless a “safety carve out” is implemented, although nothing is certain. Sanford Health, through the National Drug and Alcohol Screening Association (NDASA), will monitor, and share updates here as warranted.