Will Marijuana Rescheduling Be A Game Changer For Trucking?

OG article by Rob Carpenter

December 22, 2025

The Trump administration is considering rescheduling marijuana from Schedule I to Schedule III under the Controlled Substances Act, which could eliminate the Department of Transportation's (DOT) authority to test commercial drivers for cannabis. This change would stem from Department of Health and Human Services (HHS) guidelines that authorize testing only for Schedule I and II substances, potentially removing marijuana from the DOT's five-panel drug test. Without a safety carve-out, HHS-certified laboratories and Medical Review Officers would lack legal basis to process or verify cannabis tests, disrupting enforcement mechanisms like the FMCSA Clearinghouse.

The testing program originated from incidents such as the 1987 Chase, Maryland, train collision, where marijuana impairment caused fatalities, leading to the 1991 Omnibus Transportation Employee Testing Act. Data shows marijuana accounts for 59% of positive drug tests in the Clearinghouse since 2020, with 184,839 positives through April 2025, including 34,936 in 2024 alone. Currently, 291,664 CDL holders have violations, and 184,337 are prohibited from operating commercial motor vehicles.

Federal DOT testing is mandatory for CDL holders, covering pre-employment, random (50% annually), post-accident, and other scenarios, while non-CDL drivers under 26,001 lbs are exempt. Company policies allow voluntary testing beyond DOT requirements, enabling carriers to continue screening for marijuana independently. Industry groups, including the American Trucking Associations, advocate for an executive order provision to preserve DOT testing authority for safety-sensitive workers.

Rescheduling does not legalize marijuana federally or alter state laws but could reduce business burdens for cannabis industries. Carriers should strengthen independent drug policies, consider expanded testing panels, consult legal counsel on state variations, and prioritize safety to mitigate liability and nuclear verdicts. Drivers face ongoing risks, as federal legality does not guarantee employment eligibility, and impairment testing for THC remains undeveloped, relying on detection of metabolites that persist post-use.