Rehashing the Complexities of Marijuana in the Workplace

Toward the end of 2025, President Trump signed an executive order directing the U.S. Department of Justice (DOJ) to expedite the rescheduling of marijuana from Schedule I to Schedule III under the Controlled Substances Act. This is monumental in that it acknowledges that marijuana does, in fact, have valid clinical/medical uses and has low-to-moderate potential for abuse. Only four states in the U.S. still regard cannabis as being fully illegal, while another six allow only the cannabinoid CBD, which is known not to produce psychoactive effects. All other states have some version of legal or decriminalized marijuana, be it medical, recreational, or a combination of both.

The first thing that’s important to note and is widely misunderstood is that this rescheduling does not legalize marijuana federally. As of January 28, 2026, Marijuana is still a Schedule I drug, since the Drug Enforcement Agency (DEA) has not yet finalized this rule. Once they do cement this change, there could be some wide-sweeping changes to drug testing. The Department of Health & Human Services (HHS) currently only allows testing for Scheduled I and II substances for federal and regulated drug-testing programs followed by DOT-regulated employees and other safety-sensitive positions. Truck drivers, pilots, transit operators, railroad employees, and pipeline workers are all currently subject to mandatory drug and alcohol testing, including marijuana. There has been talk of a potential DOT carve-out to keep marijuana included in the 5-panel drug screen currently required.

The other thing that could impact how the rescheduling of marijuana affects employers is the historical lack of an intoxication standard, and the potential for a long-awaited testing solution. Until very recently, there hasn’t been an effective method of testing for current or recent THC intoxication. While not currently approved for any federal testing programs, the Canadian company Cannabix Technologies has managed to create a breath collection unit (BAC) for cannabis detection. We did locate an Ohio company that plans on offering this testing service, but it’s worth repeating – this may not be used for any federally mandated testing program. It also remains to be seen how valid these results would be considered in a court of law.

As always, we’ll keep you updated as these changes progress and help employers understand how it can impact their operations.