Written by: Patrick Howell, CEO, HealthWorks Medical, LLC
Federal policy around marijuana is shifting — and with it comes a lot of questions for employers. Late in 2025, President Trump signed an executive order directing federal agencies to expedite the process of rescheduling marijuana from a Schedule I drug to a Schedule III drug under the federal Controlled Substances Act. Before you make any changes to policy, it’s important to understand what this means — and what it doesn’t mean — for your workplace health and drug testing programs.
What You’ll Learn
- What the executive order actually does
- Why current employer drug-testing policies remain in place
- What could change in the future
- Practical steps employers can take now
Why It Matters to Employers
Many employers are already navigating a patchwork of state laws on marijuana. Now, federal policy may be on the verge of change — but not in the way most headlines present it. It’s essential for employers to separate legal technical changes from operational impacts so drug testing, safety programs, and workplace policies stay compliant.
What the Executive Order Really Does
On December 18, 2025, President Trump signed an executive order directing the Attorney General and federal agencies to expedite formal rulemaking to reschedule marijuana from Schedule I to Schedule III under federal law. A Schedule III designation classifies marijuana alongside drugs with recognized medical use and lower abuse potential (e.g., some steroids and ketamine).
Importantly, the order:
- Does not immediately change marijuana’s legal status.
- Does not legalize recreational or medical marijuana at the federal level.
Initiates a federal administrative process that could take months or longer before any official reclassification is finalized.
What This Does Not Mean for Employers
Until the formal rulemaking is complete and published in the Federal Register, nothing about federal drug testing requirements changes today. That includes:
- Employers remaining free to maintain and enforce drug policies covering marijuana.
- DOT-regulated employers continuing all current testing, including THC, under existing regulations.
- Zero immediate change to workplace rules or consequences for a positive marijuana test.
In other words, your drug testing programs — pre-employment, reasonable suspicion, post-accident, follow-up — stay exactly as they are. Even state legalization doesn’t protect employees from disciplinary or termination actions under federal or safety-sensitive rules.
What Could Change in the Future
If and when marijuana is formally rescheduled:
✔ The Controlled Substances Act classification would reflect accepted medical use and lower abuse potential, opening the door for more research and potential medical prescribing.
✔ Some courts and legal commentators speculate that employers may face new questions under disability accommodation laws — though nothing is settled yet.
✔ Safety-sensitive testing programs like DOT could require explicit carve-outs to preserve their authority to test for marijuana after rescheduling. Barley Snyder
But until rescheduling is finalized — and until federal agencies, Congress, or courts act — current policies and testing remain in force.
What Employers Should Do Now
- Review your drug testing policy and ensure it clearly communicates expectations about marijuana use.
- Maintain consistent enforcement regardless of state marijuana laws, especially for safety-sensitive roles.
- Train supervisors on reasonable suspicion and documentation practices.
- Communicate your policy to employees so there’s no confusion about substance use and workplace rules.
Takeaways
- The executive order is a step in a multi-stage federal process — not an instant change to law or workplace policy.
- Employers still have full authority to enforce drug testing and consequences for positive tests today.
- DOT and safety-sensitive regulations remain fully in force until formal federal guidance says otherwise.
- Watch for future rulemaking and legal developments that may impact accommodation or testing standards.
My Challenge to You
Update your workplace drug policy and employee handbook language to reaffirm your stance on marijuana and THC testing. Clarify that federal rescheduling changes are pending and that current drug testing practices still apply. Clear, consistent communication prevents confusion and strengthens compliance.
Want Help Modernizing Your Drug Testing and Health Policies?
We’re here to help employers stay compliant and clear. Email the word “DRUG POLICY” to info@healthworksmedical.com to schedule a complimentary policy review and update session.