What Trump’s Marijuana Rescheduling Executive Order Could Mean for Trucking

On December 18, 2025, President Trump signed an executive order directing federal agencies to expand medical marijuana and cannabidiol research and to move marijuana toward rescheduling under the Controlled Substances Act. While the order is framed around science, medicine, and research access, it has once again raised a critical question for the trucking industry: what happens to federal drug testing and highway safety if marijuana is no longer treated as a Schedule I drug?

This is not a new concern. The trucking industry has been wrestling with the implications of marijuana reform for years as more states legalize cannabis and public attitudes continue to shift. What makes this executive order different is that it brings the issue squarely back to the federal level, where DOT drug testing authority lives.

What the Executive Order Does & Doesn't Do

The executive order does not legalize marijuana for recreational use, nor does it change the Federal Motor Carrier Safety Regulations overnight. Instead, it directs federal agencies to accelerate medical marijuana and CBD research and supports the ongoing process of rescheduling marijuana under the Controlled Substances Act. We've addressed the concerns of CBD use among commercial drivers in another article. At this point, it's unclear when exactly this would happen. We're still likely several months away from any formal rescheduling.

Today, marijuana is listed as a Schedule I controlled substance, alongside drugs deemed to have no accepted medical use and a high potential for abuse like cocaine and methamphetamines. Moving marijuana to Schedule III, as conteomplated in the Executive Order, would place it in the same category as certain prescription drugs that have recognized medical uses and are regulated rather than prohibited outright (e.g., Tylenol with codeine).

From a public health and research perspective, that distinction matters. From a trucking and highway safety perspective, it matters even more.

Potential Implications for Trucking

Federal drug testing for CDL drivers does not exist in a vacuum. DOT drug testing programs are built on the foundation of the Department of Health and Human Services’ Mandatory Guidelines for Federal Workplace Drug Testing Programs. Those guidelines, in turn, are tied to the federal Controlled Substances Act.

Put simply, DOT does not test for drugs because states disapprove of them or because employers dislike them. DOT tests for drugs because federal law classifies them in a way that authorizes mandatory testing for safety-sensitive employees like CDL drivers, airline pilots, and others.

Marijuana’s current Schedule I status is the legal backbone of DOT’s zero-tolerance testing framework. FMCSA regulations prohibit drivers from using Schedule I controlled substances, and DOT drug tests screen for marijuana metabolites as part of that framework. If marijuana is rescheduled to Schedule III, that legal foundation becomes unstable.

The most significant issue raised by marijuana rescheduling is not whether truck drivers should be allowed to use marijuana. Federal law still prohibits marijuana use by interstate commercial drivers, regardless of state legalization or medical marijuana cards. The real issue is whether DOT will continue to have clear legal authority to require marijuana testing at all.

DOT’s drug testing authority flows through HHS. If marijuana is no longer a Schedule I substance, HHS may no longer be able to require it as part of mandatory federal drug testing panels without new legislation or regulatory action. That is not speculation—it is how the regulatory framework is structured.

If that authority disappears, the consequences could be huge for trucking. Pre-employment testing, random testing, post-accident testing, reasonable suspicion testing, and return-to-duty processes could all be affected. USDOT and FMCSA would arguably be stripped of their authority to mandate marijuana testing as part of their drug-testing regime.

This is the same concern that industry groups, safety advocates, and regulators have been raising for years, and the executive order does nothing in and of itself to resolve it. This uncertainty demands a quick answer from lawmakers. With that said, the National Drug and Alcohol Screening Association had this to say about the Executive Order:

President Trump’s Executive Order regarding rescheduling marijuana, signed on Thursday, includes a general provision in Section 3, which states: '(a) Nothing in this order shall be construed to impair or otherwise affect i.) the authority granted by law to an executive department or agency, or the head thereof; or ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.' The U.S. Department of Transportation views this as a statement in support of the “DOT safety carve-out” allowing for the continued testing of THC for safety-sensitive employees in the Nation’s transportation industry.

Rescheduling Does Not Mean Impairment Testing Is Solved

One argument often raised in favor of marijuana reform is that current testing methods do not measure impairment. That argument is largely correct. DOT drug tests detect THC metabolites, which indicate prior use rather than real-time impairment. But that limitation cuts both ways. There is still no widely accepted, scientifically validated impairment test for marijuana comparable to alcohol breath testing. Until such a tool exists, eliminating or weakening marijuana testing does not replace an imperfect system with a better one. It replaces it with nothing. From a highway safety standpoint, that could be a dangerous tradeoff.

Another concern is the message marijuana rescheduling sends to drivers. Even now, many drivers believe marijuana is “basically legal” because it is legal in their home state or recommended by a physician. Carriers and safety managers spend significant time explaining that state law does not override federal DOT regulations.

Rescheduling marijuana without clear, explicit protections for DOT testing authority risks making that confusion worse. Drivers may assume that marijuana is no longer prohibited. Fleets may struggle to explain why company policies remain strict when federal law appears to be relaxing.

In an industry already facing substantial litigation pressure and public scrutiny, ambiguity is the last thing fleets need.

Implications

It is important to be clear about what rescheduling does not do. Even if marijuana is ultimately moved to Schedule III, employers could potentially still prohibit marijuana use under company policy, though that approach could be tested in the employment-law realm.

But relying solely on employer policies is not a substitute for a uniform federal safety standard. DOT drug testing programs provide consistency, enforceability, and legal clarity across state lines. Without them, carriers face a patchwork of policies, higher litigation exposure, and increased risk following serious crashes.

If marijuana rescheduling moves forward, trucking and other safety-sensitive industries would likely need an explicit carve-out preserving DOT’s authority to test for marijuana regardless of scheduling status.

For motor carriers, the most important step is staying informed. This issue will not be resolved by a single executive order or press release. It will unfold through agency guidance, rulemaking, and potentially congressional action. Most importantly, carriers should not mistake silence from regulators for reassurance. If marijuana rescheduling proceeds without clear guidance preserving DOT testing authority, the industry could be in real trouble.

In short, President Trump’s executive order is framed as a research and medical access initiative, but its ripple effects could reach far beyond laboratories and clinics. For trucking, the stakes are high and the answers unclear. Fleets should stay tuned for additional information.

About Trucksafe Consulting, LLC: Trucksafe Consulting is a full-service DOT regulatory compliance consulting and training service. We help carriers develop, implement, and improve their safety programs, through personalized services, industry-leading training, and a library of educational content. Trucksafe also hosts a livestream podcast on its various social media channels called Trucksafe LIVE! to discuss hot-button issues impacting highway transportation. Trucksafe is owned and operated by Brandon Wiseman and Jerad Childress, transportation attorneys who've assisted some of the nation’s leading fleets to develop and maintain cutting-edge safety programs. You can learn more about Trucksafe online at www.trucksafe.com and by following Trucksafe on LinkedIn, Facebook, Twitter, and YouTube. Or subscribe to Trucksafe's newsletter for the latest highway transportation news & analysis. Also, be sure to check out eRegs, the first app-based digital version of the federal safety regulations aimed at helping carriers and drivers better understand and comply with the regulations.