U.S. Federal Marijuana Policy Update: What Employers Should Know

U.S. Federal Marijuana Policy Update

On December 18, 2025, U.S. President Donald Trump signed an executive order directing U.S. federal authorities to reclassify marijuana from a Schedule I to a less restrictive Schedule III controlled substance under U.S. federal law. This is a significant shift in long-standing U.S. federal drug policy, but it does not currently affect any DOT testing protocols.  

What the Change Means

  • U.S. federal reclassification aims to acknowledge marijuana’s medical uses and reduce some regulatory barriers — particularly around medical research and potential tax and banking access for cannabis-related businesses.

  • Importantly, this action does not federally legalize marijuana for recreational use. U.S. federal law will still control the substance, and state laws continue to govern possession and use in each jurisdiction.

  • The reclassification may encourage expanded medical research and some easing of U.S. federal penalties, but marijuana remains federally illegal outside regulated contexts.

What This Might Mean for Employers

While this policy shift is notable, it does not fundamentally change U.S. workplace drug testing obligations at this time:

  • Employers should still rely on existing U.S. federal and provincial/state rules for workplace testing.

  • U.S. federal reclassification doesn’t require changes to drug-free workplace policies or testing programs (e.g., DOT and federal contractors), though future regulatory guidance may evolve.

  • As always, workplace safety and impairment prevention remain core priorities.

  • For additional details, please refer to the U.S. Department of Transportation’s statement regarding the executive order issued on December 18, 2025: DOT Notice on Testing for Marijuana.

We’ll continue to monitor follow-up guidance from U.S. regulators on how this policy shift may influence future testing protocols, treatment of positive results, and cross-border considerations for Canada-U.S. workforce mobility.

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