Federal Marijuana Rescheduling: What CDL Drivers Need to Know

How recent and proposed changes to the federal scheduling of marijuana could affect commercial driver’s license (CDL) holders — especially truck drivers, bus drivers, and other safety-sensitive transportation professionals.

🚦 What’s Happening With Marijuana at the Federal Level?

In December 2025, President Trump signed a federal executive order directing that marijuana be rescheduled by relevant agencies — moving it from a Schedule I substance to a Schedule III drug under the Controlled Substances Act (CSA). This is a historic policy shift because Schedule I drugs are currently those with no accepted medical use and a high potential for abuse, while Schedule III includes drugs with lower abuse potential and accepted medical uses, like certain steroids or Tylenol with codeine. (Barley Snyder)

Important note: Rescheduling is not the same as legalizing marijuana. It does not automatically allow adult recreational use nationwide, nor does it permit immediate prescription sales. (Congress.gov)

🚛 What This Doesn’t Change for CDL Drivers — At Least Not Yet

❌ 1. DOT Still Says Marijuana Use Is Prohibited for Safety-Sensitive Workers

The Department of Transportation (DOT) has made it very clear that rescheduling alone does not change current drug testing rules for safety-sensitive workers, including CDL holders. Marijuana remains a prohibited drug under DOT testing and drug-free workplace rules until—and unless—DOT explicitly amends its regulations. (Department of Transportation)

In practical terms:

• Truck drivers must still pass pre-employment and random marijuana tests.

• Any positive THC result — even if off-duty — can result in lost work or license removal under current federal guidelines. (Department of Transportation)

This position has been repeated by the DOT publicly in recent notices. (Marijuana Moment)

❌ 2. A Schedule III Label Isn’t an Automatic “Green Light”

Many drivers hope rescheduling means they could use cannabis legally once off duty — even in states that permit recreational or medical use — but this is not the case today.

• Marijuana is still illegal under federal law until the rescheduling process is completed.

• DOT rules continue to list marijuana by name as disallowed for safety-sensitive employees, regardless of its schedule or state law. (Commercial Carrier Journal)

Even if a doctor recommends medical marijuana, it doesn’t count as a federal prescription for DOT purposes. Employers and regulators can still require zero use. (Department of Transportation)

⚖️ Potential Future Impacts (Not Guaranteed Yet)

Rescheduling triggers complex regulatory and legal shifts — some with both positive and negative implications for CDL holders:

🧪 1. Drug Testing Challenges

A significant concern from transportation safety agencies (including the NTSB) is that moving marijuana to Schedule III could undermine current marijuana testing programs. Why?

• Federal drug testing rules for safety-sensitive transportation workers follow HHS guidelines, which apply only to Schedule I and Schedule II substances.

• If cannabis is no longer in those categories, DOT could lose the legal basis to require tests for marijuana using existing programs unless Congress or DOT updates regulations. (Department of Transportation)

That’s a big deal for trucking companies and regulators who rely on these tests to deter use and intervene when necessary. (Cannabis Connect Insurance)

🧠 2. Pressure to Update Impairment Testing

One longstanding criticism is that current urine tests detect THC metabolites long after impairment has passed, meaning drivers can fail tests from past, off-duty use — not actual impairment. Rescheduling might help accelerate development of more sophisticated impairment tests (like on-site THC breath or saliva breathalyzers). However, there is no approved federal standard yet. (NORML)

📜 3. Medical Use Might Become More Accepted in Law

If marijuana becomes a Schedule III drug and eventually gets FDA approval for medical use, holding a prescription might someday protect CDL holders under some laws — but that’s far from automatic and would require new DOT and FMCSA (Federal Motor Carrier Safety Administration) policy changes.

🆘 What CDL Drivers Should Be Doing Now

✅ Don’t assume rescheduling changes your obligations.Until formal regulation updates are issued, using marijuana is still prohibited for CDL drivers under federal safety rules.

✅ Stay informed on rule changes.DOT and FMCSA will eventually clarify if and when drug testing rules change. Industry groups like the American Trucking Associations are pushing for clarity and safety safeguards. (American Trucking Associations)

✅ Focus on impairment, not metabolites.If new testing standards that better detect actual impairment become available and adopted, that could reduce unfair positives — but we’re not there yet.

For now, marijuana use (recreational or medical) remains a career risk for CDL drivers under federal regulations, regardless of state laws or rescheduling signals from the White House. Your best bet is to avoid marijuana if you hold or seek a CDL until clear, legally binding changes to DOT drug testing rules occur.