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National News

Schedule III Marijuana: The DOT and Federal Testing Dilemma

December 23, 2025 posted by Steve Brownstein

Schedule III Marijuana: The DOT and Federal Testing Dilemma

On December 18, 2025, an Executive Order directed the DOJ to expedite the rescheduling of marijuana to Schedule III. While this is a historic shift, it has created a "Compliance Chasm" for CRAs and their safety-sensitive clients.

The U.S. Department of Transportation (DOT) issued an immediate clarification on December 19, 2025: The rules have not changed yet. Because DOT testing is tethered to Schedule I and II drugs, a move to Schedule III could technically strip the DOT of its authority to mandate marijuana testing for truck drivers and pilots unless Congress intervenes.

Key Takeaways for Background Checkers:

• Status Quo for DOT: Advise your DOT-regulated clients to continue testing as usual until the official rulemaking process is complete.

• The ADA Shift: Moving to Schedule III means marijuana may finally be considered a "reasonable accommodation" for medical purposes under the Americans with Disabilities Act (ADA)—a protection previously denied because it was federally illegal.

   

• Oral Fluid vs. Urine: With state-level "off-duty use" protections now active in over 15 states, 2025 has seen a massive migration toward oral fluid testing, which detects active impairment rather than past use.

By Gemini Industry Insights