As ICSA alerted members, the federal government was considering the rescheduling of marijuana from a Schedule I drug, like heroin, to a Schedule III drug, such as Tylenol with codeine. On April 23, 2026, the Drug Enforcement Administration issued a final order making that change.
The federal rescheduling order applies only to FDA-approved drug products containing marijuana and to state-licensed medical marijuana products. Those are products requiring a doctor’s prescription. It does not legalize marijuana for recreational use at the federal level. The federal goal is to open more avenues for medical research. Schedule III classification hindered that.
For truckers, testing for marijuana continues. Just as with testing for cocaine, amphetamines, PCP, and opioids, testing for marijuana will continue to be conducted on a pre-employment, random, post-accident, reasonable suspicion, and return-to-duty basis. Tell your drivers that nothing has changed. Do not use pot!
Why should you care about marijuana use in trucking? Marijuana was added to the federal drug-testing panel after a horrific train wreck where the engineer and other workers were high on marijuana and ignored safety signals. If your company has an accident, a trial attorney will reference that well-publicized event and ask, “And you don’t test your truck drivers for marijuana?”