The DOT marijuana policy has not changed, despite recent federal activity around marijuana rescheduling.
On December 18, 2025, the President issued an Executive Order directing the Department of Justice to move marijuana from Schedule I to Schedule III under the Controlled Substances Act. This announcement created confusion across the transportation industry.
For DOT-regulated employers, the answer is simple: Nothing changes.
Safety-sensitive employees remain subject to the same DOT drug testing requirements as before.
Understanding the Executive Order
The December 2025 Executive Order directs the Department of Justice to complete the marijuana rescheduling process. If finalized, marijuana would move from Schedule I to Schedule III.
However, this process is not complete.
Until the rescheduling is finalized and adopted into federal regulations, marijuana remains a Schedule I controlled substance. Even then, DOT rules would not automatically change.
For transportation employers, this distinction is critical.
Current DOT Marijuana Policy: No Changes
The Department of Transportation’s Office of Drug and Alcohol Policy and Compliance has issued clear guidance.
The DOT marijuana policy remains fully in effect for all safety-sensitive employees.
Marijuana Testing Continues
All safety-sensitive employees must continue to comply with DOT drug testing requirements, including:
- Commercial motor vehicle drivers
- School bus drivers
- Pilots and aircraft maintenance personnel
- Train engineers and railroad workers
- Transit and subway operators
- Maritime personnel and vessel captains
- Pipeline emergency response employees
- Armed transit security personnel
Testing protocols remain exactly the same.
Medical and Recreational Marijuana Are Still Prohibited
Existing DOT guidance continues to apply. Safety-sensitive employees may not use marijuana, even if:
- They hold a medical marijuana card
- Marijuana is legal in their state
- A physician recommends marijuana
- Marijuana is used only off duty
The DOT marijuana policy does not recognize state marijuana laws or medical authorizations. Federal transportation regulations always take precedence.
CBD Products Remain a Risk
DOT guidance on CBD products has also not changed. Safety-sensitive employees should avoid CBD products because:
- CBD may contain THC
- Even trace amounts can trigger a positive test
- There is no acceptable explanation for a positive marijuana test
- Positive results require immediate removal from duty
What This Means for Transportation Employers
If you employ DOT-regulated, safety-sensitive workers, your responsibilities remain unchanged.
Continue All Required Testing
You must continue all required DOT compliance testing, including:
- Pre-employment testing
- Random testing
- Post-accident testing
- Reasonable suspicion testing
- Return-to-duty testing
- Follow-up testing
Marijuana remains part of the DOT drug testing panel.
Maintain Your Drug and Alcohol Program
Your DOT drug and alcohol program should continue without modification. This includes:
- Using DOT-approved laboratories
- Following 49 CFR Part 40 procedures
- Working with certified Medical Review Officers (MROs)
- Maintaining required random testing rates
- Keeping complete and accurate records
No policy updates are required at this time.
Employee Education Is Essential
Media coverage of marijuana rescheduling can lead employees to assume the rules have changed. They have not. Continue reinforcing that:
- Marijuana use is prohibited
- Testing is ongoing
- Positive tests result in removal from duty
- Medical marijuana is not an exception
- State laws do not apply
Clear communication helps prevent costly misunderstandings.
What Has Not Changed Under the DOT Marijuana Policy
To eliminate confusion, here is what remains exactly the same.
Testing Procedures
DOT laboratories continue testing for marijuana metabolites. MROs review results under 49 CFR Part 40. Substance Abuse Professionals maintain their evaluation and treatment roles.
No procedural updates have been issued.
Consequences for Positive Tests
A positive marijuana test still results in:
- Immediate removal from safety-sensitive duties
- Mandatory SAP evaluation
- Completion of the return-to-duty process
- Follow-up testing before and after reinstatement
Employer Responsibilities
Employers must continue to:
- Conduct all required tests
- Remove employees who test positive
- Maintain testing records
- Report required data to FMCSA, when applicable
Employee Prohibitions
Safety-sensitive employees:
- Cannot use marijuana
- Should avoid CBD products
- Cannot rely on medical authorizations
- Are not protected by state marijuana laws
When Could the DOT Marijuana Policy Change?
The DOT has stated it will monitor the rescheduling process and issue updates if needed.
What Would Trigger a Change
Several steps must occur before DOT regulations could change:
- Marijuana rescheduling must be finalized
- DOT must evaluate safety impacts
- Proposed rulemaking would be issued
- Public review and final rules would follow
This process takes significant time.
What Employers Should Do Now
- Monitor official DOT and FMCSA communications
- Avoid relying on general news coverage
- Work with compliance partners who track regulatory updates
DQM Connect actively monitors DOT regulatory changes and provides timely, accurate guidance to its clients.
Do not make policy changes based on speculation.
Why the DOT Marijuana Policy Remains Strict
Safety-sensitive transportation roles demand full alertness and sound judgment. Marijuana impairs reaction time, attention, and decision-making. Unlike alcohol, impairment timing cannot be reliably measured through testing. Because of these limitations, the DOT maintains a zero-tolerance approach to protect public safety.
How DQM Connect Supports DOT Compliance
Managing DOT drug and alcohol testing requirements is complex. DQM Connect helps transportation employers stay compliant with confidence.
Complete DOT Drug Testing Services
DQM Connect supports all required DOT drug testing, including:
- Pre-employment screening
- Random testing program management
- Post-accident testing with 24/7 availability
- Reasonable suspicion testing
- Return-to-duty and follow-up testing
Nationwide access ensures compliance for over-the-road operations.
DOT Compliance Program Management
DQM Connect also supports full DOT compliance, including:
- Consortium and random pool management
- Testing rate tracking
- MRO coordination and result management
- FMCSA Clearinghouse registration and queries
- DOT compliance training
Programs are audit-ready and aligned with federal requirements.
Regulatory Monitoring and Guidance
DOT regulations evolve. DQM Connect tracks every update and communicates clearly when action is required. When the DOT marijuana policy changes, you will know immediately.
24/7 Support When It Matters Most
Post-accident situations require immediate action. DQM Connect provides 24/7 support to ensure testing is completed without delay.
Take Action to Stay Compliant
Confusion around marijuana policy can create real compliance risk.
What Employers Should Do Now
Educate all safety-sensitive employees:
- Review your written drug and alcohol policy
- Verify testing rates and procedures
- Confirm all vendors are DOT-approved
Partnering with compliance experts reduces risk and protects your operation. Contact DQM Connect to ensure your DOT drug testing and compliance program remains fully compliant. Staying compliant starts with clear information and the right partner.
