Trump’s New Marijuana Policy Still Needs Safeguard Rules for Safety-Sensitive Jobs
By ROGER G. TARANTO
ELMSFORD, NY—President Trump last month directed the U.S. Attorney General and the DEA to expedite the rescheduling of marijuana from Schedule I to Schedule III. The action shifts marijuana out of the most restrictive drug category, and it now makes it easier to conduct medical research with the use of federal money.
The president’s executive order also removes the testing for THC that is included in the panel for CDL drivers and many other safety-sensitive positions.
As of January 2026, the process has begun but there are many requirements along the way.
While many states have approved the use of products containing THC for those with certain medical conditions, as well as recreational use, it is still illegal under federal law. (Currently there are 24 states and D.C. that have legalized marijuana for recreational use, making it easier to obtain and more socially acceptable. And herein lies the many concerns for industry—impaired judgment and erratic behavior—as well as threats of new unintended consequences.)
The U.S. Department of Transportation and the Federal Motor Carrier Safety Administration (FMCSA) as well as many other groups and professional associations are requesting a carveout so that THC would remain a prohibitive substance for many safety-sensitive positions that are currently testing for THC. These regulations apply to all forms of transportation. Below are just a few of those that it applies to:
DOT, FAA, FRA, Pipeline & Hazardous Materials, U.S. Coast Guard and many federally funded construction projects.
Why Is THC a Prohibited Substance?
These regulations were put in place by the United States Congress not as a proactive measure but a reactive one in 1991. This was four years after 16 families buried their loved ones and 174 others were injured in a train accident in 1987 (Amtrack train collision in Maryland in 1987).
The NTSB ruled that the probable cause of this tragedy was because a train engineer was impaired by marijuana and PCP.
Many in the medical field believe that there are several uses for the marijuana plant. The move from Schedule I to Schedule III will open the doors for expanded research by way of government funding. As such, this will promote further investigation into the possibilities for medicinal use. However, we must demand a carve out to allow it to remain a prohibited substance for safety-sensitive workers under the DOT rules that are in place today.
About the author: Roger G. Taranto is a Business Agent (Public Sector) for the International Brotherhood of Teamsters Local 456. He is a Certified Labor Assistance Professional (LAP-C), Substance Abuse Professional (DOT), National Certified Addiction Counselor (NCAC-I), Certified Designated Employer Representative (C-DER), and President of the Labor Assistance Professionals (New York City Chapter). He can be reached at 914-592-9500.
Published: January 20, 2026.