12/21/2025
With the recent directive from President Trump regarding the reclassification of ma*****na to schedule III. I wanted to share the information we released to our clients and others. Please see the attached notification we sent out
THIS IS NOT FEDERAL LEGALIZATION
With the recent announcement made by President Trump regarding ma*****na
rescheduling, it has already created confusion among employers, safety managers, and regulated industries. I felt we should send an email addressing this announcement and what it means for us as employers and safety sensitive positions when drug and alcohol testing.
A presidential directive does not itself change federal law. Under the Controlled Substances Act (CSA), ma*****na still remains a schedule 1 controlled substance until the Drug Enforcement Administration (DEA) completes formal rulemaking.
CURRENT STATUS
• Ma*****na remains a Schedule I substance under federal law unless and until a Final DEA Rule is published.
• No changes have occurred to DOT or FMCSA drug and alcohol testing requirements.
• Employers should not modify policies or practices based on headlines or political announcements.
HOW RESCHEDULING ACTUALLY HAPPENS
1. The President may direct the Attorney General to initiate or expedite review.
2. HHS/FDA conducts a scientific and medical evaluation and issues a recommendation.
3. DEA publishes a Notice of Proposed Rulemaking.
4. Public comment and potential hearings occur.
5. DEA issues a Final Rule - only then does rescheduling take legal effect.
WHAT THIS MEANS FOR DOT-REGULATED EMPLOYERS
• Ma*****na remains a prohibited substance for all DOT safety-sensitive employees.
• DOT drug testing panels, cutoff levels, and procedures are unchanged.
• Medical ma*****na authorizations do NOT excuse positive DOT drug tests.
• Employers must continue to follow 49 CFR Part 40 and applicable modal regulations.
• Changing policies prematurely may create regulatory exposure and liability.
• Until DOT issues formal guidance, ma*****na remains disqualifying for safety-sensitive work.
DOT EMPLOYERS:
If you are regulated by the Department of Transportation, nothing has changed.
BOTTOM LINE
Rescheduling is a process - not an event.
Compliance decisions must be based on enforceable law, not announcements.
DOT-Regulated Employers Key Points:
Ma*****na remains prohibited for safety-sensitive employees DOT testing does not change
Medical ma*****na is not a defense 49 CFR Part 40 still governs Premature policy changes = liability
IF you have any other questions or concerns, please feel free to contact us. We will do our best to keep you informed and up to date on this process as it moves forward, understand that this could take months or even years to put in place and make legal for rescheduling IF the studies and information looked at is found to be compelling for rescheduling.
