Last month on Dec. 18, President Trump issued an executive order to the Department of Justice directing them to change marijuana from a Schedule 1 drug to Schedule 3 under the
Controlled Substances Act (of note: the former category also includes heroin).
The National Association of State Directors of Pupil Transportation Services (NASDPTS) said that it has had inquiries about what impact this order would have on the Department of Transportation’s longstanding regulation about the use of marijuana by safety‐sensitive transportation employees, which includes school bus drivers.
For now, nothing has changed. Marijuana remains a Schedule I drug, and the DOT's drug testing process is the same, until any rescheduling is complete. The guidance on
and
and
are still in effect, too.
What Marijuana Reclassification Would Mean if It Passes
For consumers, not much would change if marijuana is reclassified. It would still remain federally illegal, but formally recognize its medical value.
For commercial drivers, how recategorizing marijuana as a Class III drug would affect the DOT’s drug-testing regulations for safety-sensitive jobs such as truck driving isn’t yet clear. As Heavy-Duty Trucking notes:
Marijuana would still be illegal in multiple states. The change in classification would not automatically change state laws. Most states, even those with legal medical marijuana, would need to make changes to align with Schedule III restrictions.
Changing the drug-testing regulations would require additional rulemakings from both the Department of Health and Human Services and the Department of Transportation.
There is no current standard roadside test for cannabis impairment, which could be a hurdle.
The industry and employers could still have higher standards.
"It remains unacceptable for any safety‐sensitive employee subject to drug testing under the Department of Transportation’s drug testing regulations to use marijuana,"
. "There are no changes to your roles and responsibilities as they relate to marijuana."
Background & Timeline
In 2022, President Joe Biden asked the U.S. Department of Health and Human Services (HHS) and the Drug Enforcement Administration (DEA) to review how marijuana is scheduled under the Controlled Substances Act (CSA). A year later, they recommended that marijuana be moved from Schedule I to Schedule III based on HHS’ scientific and medical evaluation. In 2024, the DEA proposed a rule that would transfer marijuana to Schedule III.
So, why hasn't it happened yet? Well, not surprisingly, there are a lot of passionate arguments on both sides of the issue. According to sources online, the DEA received over 42,000 public comments on its proposal.
The rulemaking process is ongoing and awaiting a hearing (one that was supposed to happen a year ago, before the administrative law judge postponed it while an appeal by an involved party is resolved). Trump's new order seeks to expedite the process.
As of Jan. 5., the DEA still had not set a new briefing schedule.
Why the Change?
The primary reason for reclassifying the drug looks to be for medical reasons. As Moritz Law explains, it could become easier for researchers to study marijuana, with less burdensome requirements compared to Schedule I substances, and it may open up more treatment options to certain individuals.
Trump's order even notes that "The federal government’s long delay in recognizing the medical use of marijuana does not serve the Americans who report health benefits from the medical use of marijuana to ease chronic pain and other various medically recognized ailments... It is the policy of my administration to increase medical marijuana and CBD research to better inform patients and doctors."
