Marijuana Is Still Illegal Federally: Don't Touch Your Drug Testing Program
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The Executive Order Does NOT Change Federal Drug Testing Requirements
On December 18, 2025, President Trump signed an executive order regarding marijuana rescheduling. If you're a DOT-regulated employer or operate under any federal workplace drug testing requirements, here's what you need to know right now.
What the Executive Order Actually Does
The Executive Order is internal federal guidance directing the Attorney General to expedite the marijuana rescheduling process. It does NOT:
- Legalize marijuana federally
- Change any workplace drug testing laws
- Modify DOT regulations
- Alter your compliance obligations
This is a directive from the President to his agencies about how he wants the rescheduling process handled. It is not a law change.
What This Means for Your Drug Testing Program
Absolutely nothing has changed.
Marijuana remains prohibited in all federal workplaces and DOT-regulated positions. Every single testing requirement you had last week is still required today:
✓ Pre-employment testing - Still required
✓ Random testing - Still required
✓ Reasonable suspicion testing - Still required
✓ Post-accident testing - Still required
✓ Return-to-duty testing - Still required
✓ Follow-up testing - Still required
Your Action Items (It's Simple)
DO: Continue operating your drug testing program exactly as you did last week.
DON'T:
❌ Remove marijuana from your testing panels
❌ Stop conducting any type of drug test
❌ Modify your drug testing policies
❌ Change consequences for positive marijuana tests
❌ Assume federal regulations have changed
The Risk of Making Changes Now
Making premature changes to your drug testing program will result in:
🚩 Non-compliance with federal regulations
🚩 Failed audits by DOT agencies
🚩 Significant fines and penalties
🚩 Potential loss of operating authority
The cost of non-compliance far exceeds any perceived benefit of getting ahead of potential future changes.
The Bottom Line
How you functioned last week when it came to drug testing is how you will function today, tomorrow, and until you receive official notification that federal regulations have been formally changed through the proper rulemaking process.
Stay Compliant, Avoid Fines
Federal regulations govern your drug testing program, not executive orders, news headlines, or speculation about future changes. Until DOT and relevant federal agencies issue new regulations through the formal rulemaking process, all current requirements remain in full force.
Questions about your drug testing program? Contact our compliance team, 904-686-6456, before taking any action.
Don't gamble with compliance. When in doubt, maintain your current program and consult with experts.