Recent federal action directing the review of marijuana’s classification under the Controlled Substances Act has raised questions for employers about whether their drug screening programs will need to change. The short answer is no, at least not right now.
Below, we address the most common employer questions using guidance from the National Drug & Alcohol Screening Association (NDASA), with a focus on compliance, safety, and practical next steps.
Employers can review NDASA’s full guidance here:
NDASA Response to Cannabis Rescheduling
Is marijuana currently classified as a Schedule III substance?
No. As of now, marijuana remains a Schedule I substance under the Controlled Substances Act.
Although the federal government has directed the Drug Enforcement Administration (DEA) to begin an administrative review, that process must be completed before any change takes effect. The timeline is uncertain and could take months or longer.
Does marijuana rescheduling mean marijuana is now legal at the federal level?
No. A potential move to Schedule III would treat marijuana more like a prescription medication at the federal level. It would not create national legalization and would still involve federal oversight, prescribing rules, and regulatory controls.
Does this change affect my workplace drug testing program?
No. At this time, workplace drug testing programs should continue as they are currently structured. There have been no changes to federal or non-federal workplace testing rules related to marijuana.
Employers may continue to:
- Identify marijuana as an impairing substance
- Enforce existing drug-free workplace policies
- Test in accordance with established safety protocols
Will DOT drug testing requirements change?
Not at this time. The U.S. Department of Transportation (DOT) has stated that until the rescheduling process is fully complete, DOT drug testing regulations will not change.
Federal testing programs regulated by DOT and the Department of Health and Human Services (HHS) remain in effect. Any future changes would require formal regulatory action.
Should employers change non-DOT testing policies in anticipation?
No immediate changes are required. NDASA recommends that employers:
- Continue enforcing existing policies
- Treat marijuana as a workplace impairment issue
- Use this time to review policies for clarity and consistency, not to suspend testing
Employers operating in safety-sensitive environments should remain focused on impairment prevention and employee safety.
What about future marijuana-based prescription medications?
If marijuana is eventually rescheduled, some employees may qualify for marijuana-derived prescription medications. Employers should be prepared, but not alarmed.
NDASA recommends working with your Medical Review Officer (MRO) to:
- Establish procedures for reviewing prescriptions
- Identify potential impairment concerns
- Ensure safety considerations are properly documented
This is a future-planning issue, not a current compliance change.
Key Takeaway for Employers
Despite recent headlines, nothing has changed yet regarding workplace drug screening requirements.
- Marijuana is still a Schedule I substance
- DOT and non-DOT testing programs remain in effect
- Employers should continue enforcing existing policies
- Safety and impairment standards still apply
Staying informed and relying on credible guidance is the best way to ensure your screening program remains compliant and effective.
For ongoing updates, employers can monitor guidance from the National Drug & Alcohol Screening Association and The Orsus Group Blog, as the federal review process continues.