A directive signed by Acting AG Todd Blanche on April 22 and put into force the next day shifts two categories of cannabis from Schedule I of the CSA to Schedule III. One includes marijuana-based medications approved by the FDA. The other applies to cannabis produced, distributed, or sold under state-issued medical licenses.
The second group carries particular relevance for trucking. It covers legally sanctioned dispensaries where drivers with valid medical authorization can purchase cannabis in most states.
However, beyond these categories, little else has shifted. Recreational use remains in Schedule 1. Cannabis outside federal approval or state medical frameworks is still treated the same as before. For drivers, this means recent positive drug tests still trigger consequences, including placement in the federal Clearinghouse database.
The more consequential shift lies beneath the surface. The legal basis for mandatory drug testing in transportation may now face scrutiny. Authority for such testing flows through the HHS, which sets scientific standards for workplace drug screening. Those guidelines currently allow testing only for substances listed in Schedules I and II. The Omnibus Transportation Employee Testing Act of 1991 requires the Department of Transportation to follow those standards.
With some medical cannabis now falling under Schedule III, questions emerge about whether federal agencies can continue requiring THC testing without updating their rules. Existing regulations, including 49 CFR Part 40, specifically name cannabis. Some argue that wording protects the testing program. Others see that view as legally uncertain if the underlying authority from HHS no longer applies.
A likely outcome is legislative or regulatory action that explicitly reserves testing requirements for safety-sensitive transportation roles. For now, no such safeguard exists. The AG’s order acknowledges potential economic effects but was issued without a public comment period, limiting industry input.
Current guidance from the Office of Drug and Alcohol Policy and Compliance, published in late 2025, still enforces a strict prohibition on cannabis use for regulated employees. That guidance predates the reclassification and has not yet been revised. In practice, nothing has changed for fleets or drivers. Zero tolerance remains the rule, and violations still lead to Clearinghouse records.
At the same time, the broader landscape is far from settled. The conversation has largely focused on commercial drivers holding CDLs, yet a significant portion of operators fall outside that category. Many drive vehicles that meet commercial definitions without requiring a CDL, such as lighter trucks or certain passenger vehicles. Their testing obligations vary widely depending on jurisdiction, cargo, and operational scope.
For this group, the reclassification introduces uncertainty. Some remain under federal testing rules, while others operate under state systems or in areas lacking clear oversight. While the current framework still applies, the legal footing beneath it may invite challenges, particularly in states with strong protections for medical marijuana users.
The order reflects a deliberate legal strategy. By relying on treaty obligations under the Single Convention on Narcotic Drugs, federal officials avoided procedural hurdles that had blocked earlier efforts. That approach suggests the change is designed to withstand court challenges, making it more than a temporary adjustment.
For the trucking industry, that durability raises the stakes. Without clear updates from federal agencies or Congress, a gap exists between current enforcement and the evolving legal structure. Until that gap is addressed, companies and drivers must follow existing rules, even as the foundation supporting them begins to shift.
Entities like Canopy Growth Corp. (NASDAQ: CGC) (TSX: WEED) and their partners in the U.S. will continue to observe what further guidance is provided on the implications of the recent drug policy change.
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