If you manage a DOT-regulated fleet or run a workplace drug testing program in Colorado, you have likely heard about the federal effort to move marijuana from Schedule I to Schedule III under the Controlled Substances Act. You may also have employees asking whether this changes what they are allowed to do.
This post is written for DERs and HR teams, not for employees researching whether they can use marijuana now. The short answer to that question, for anyone in a DOT safety-sensitive role, is no. For non-DOT Colorado employers, the longer answer is worth understanding.
Key Takeaways
- The DEA’s rescheduling proposal covers FDA-approved marijuana products and state-licensed medical marijuana. It does not change DOT drug testing requirements under 49 CFR Part 40.
- DOT testing is governed by federal transportation regulations, not by the Controlled Substances Act scheduling. A change in scheduling does not affect which substances DOT requires employers to test for.
- THC remains on the DOT 5-panel drug test. CDL drivers and other safety-sensitive employees subject to DOT testing must continue to test negative for THC regardless of how marijuana is classified under federal drug scheduling law.
- For non-DOT Colorado employers, the rescheduling does not mandate any change to your drug testing program. It does, however, make this a useful time to review your written policy and confirm it reflects your current position on marijuana.
- The most immediate action item for most Colorado employers is not a program change. It is a communication plan for supervisors and employees who will ask questions based on news coverage.
What the Rescheduling Actually Changed and What It Did Not
The DEA’s April 28 order initiated the process of moving marijuana to Schedule III under the Controlled Substances Act. The scope of that order applies to FDA-approved marijuana products and state-licensed medical marijuana. An administrative hearing on the broader rescheduling took place on an expedited basis. As of the date this post was prepared, employers should confirm the final rule’s current status before drawing firm conclusions about what has changed at the federal level.
The question is not the effect on DOT drug testing. DOT testing authority flows from the Department of Transportation’s enabling statutes and 49 CFR Part 40, not from the Controlled Substances Act. The DOT has stated clearly that marijuana rescheduling does not change its drug testing requirements. The DOT 5-panel test includes THC metabolites. That has not changed and will not change as a result of rescheduling alone.
In May, DOT issued new Part 40 guidance specifically asking whether an MRO can verify a marijuana positive as negative when an employee claims use of a medical marijuana card. The answer is no. DOT says a state medical-marijuana card, physician recommendation, dispensary receipt, etc. does not constitute the federally lawful prescription necessary to establish a legitimate medical explanation under Part 40. Those positive results will continue to stand.
The DOT has also reiterated that CBD use is not a valid medical explanation for a THC-positive result under DOT regulations, and that marijuana rescheduling does not alter that position. If you have employees asking whether a Schedule III classification means their marijuana use is now protected or explainable, the answer within a DOT-regulated program is no.
What This Means for DOT-Regulated Colorado Employers
If your employees hold CDLs or perform other DOT safety-sensitive functions, your testing program does not change. The 5-panel continues to include THC. The cutoff levels remain the same. The MRO review process is unchanged. Marijuana rescheduling under the CSA has no bearing on any of this.
Your written drug and alcohol policy should already address marijuana clearly. If it references the Controlled Substances Act or Schedule I status of marijuana, review that language with legal counsel to confirm it does not need updating. The testing obligation itself is unchanged, but the legal framing in a policy document is worth a careful read given the regulatory environment.
The DOT CBD page covers the related issue of CBD- and THC-positive results in more detail if employees ask about that specific scenario.
What This Means for Non-DOT Colorado Employers
For employers not subject to DOT testing requirements, the rescheduling conversation is less about federal compliance and more about your own policy.
Colorado employers have had the ability to include or exclude THC from their non-DOT drug testing panels since recreational marijuana became legal in the state. Marijuana rescheduling at the federal level does not change that. You are not required to remove THC from your panel. You are not required to add it. Your policy governs your program, and you retain the authority to maintain a drug-free workplace that includes marijuana regardless of how it is classified federally.
The current environment creates a good reason to pull your written policy, read it carefully, and confirm it says what you want it to say. Specifically:
- Does your policy state clearly whether marijuana is included in your testing panel?
- Does it address both recreational and medical use, or leave that ambiguous?
- Does it distinguish between what Colorado state law permits and what your workplace policy requires?
- Does it address what happens when an employee tests positive for THC?
If your policy is vague on any of these points, this is a reasonable time to revisit it. PROCOM can help you build or review a non-DOT drug testing program that reflects your current position. See drug testing policy guidance for Colorado employers for more.
What to Tell Supervisors and Employees
The most immediate practical issue for most employers is not a program change. It is the question employees will ask based on news coverage of the rescheduling: does this mean the rules changed?
For DOT-regulated workforces, the answer supervisors should be prepared to give is straightforward. DOT drug testing requirements have not changed. THC is still tested. Employees in safety-sensitive roles are still required to test negative. Marijuana use, whether recreational or medical, does not protect an employee from a positive result and does not provide a valid explanation for one under DOT regulations.
For non-DOT workforces, the answer depends on your policy. Supervisors should know what your written policy says before these questions arise, not after. If your policy has not been updated in several years, HR should review it and brief supervisors before directing them to answer employee questions about what the rescheduling means for their situation.
Two things supervisors should not do: speculate about what the rescheduling might mean for future testing requirements, and give employees the impression that the rules are in flux in a way that affects their current obligations. The current rules are clear. Future changes, if any, will require separate regulatory action beyond rescheduling alone.
How PROCOM Can Help
PROCOM manages DOT and non-DOT drug testing programs for Colorado employers across regulated and non-regulated industries. If you have questions about how marijuana rescheduling affects your program, or want to review your testing panel and policy language, PROCOM can help you work through the practical questions.
PROCOM provides:
✔ DOT and non-DOT program management
✔ Custom panel configuration for non-DOT employers
✔ Drug-free workplace policy review and development
✔ Supervisor training on reasonable suspicion and program compliance
✔ In-house MRO services and direct DER support
📞 303-325-3010 | 📧 michelle@procomtesting.com
Frequently Asked Questions
No. DOT drug testing is governed by 49 CFR Part 40 and DOT agency regulations, not by the Controlled Substances Act scheduling framework. The DOT has confirmed that rescheduling does not change its testing requirements. THC remains on the DOT 5-panel drug test.
No. CDL drivers and other DOT safety-sensitive employees remain subject to the same testing requirements regardless of how marijuana is classified federally. A positive THC result under DOT testing still requires immediate removal from safety-sensitive duties, referral to a Substance Abuse Professional, and completion of the return-to-duty process before the driver can return to work.
No. Non-DOT employers in Colorado are not required to change their testing panels or policies as a result of federal rescheduling. Colorado employers have always had the authority to include or exclude THC from their non-DOT panels. That authority is unchanged. The rescheduling does not require you to add protections for marijuana users, nor does it prohibit you from maintaining your existing drug-free workplace policy.
Your policy should clearly state whether marijuana is included in your testing panel, how positive results are handled, and that your workplace policy applies regardless of the legal status of marijuana under state or federal law. If your policy is ambiguous on any of these points, or if you haven’t reviewed it in several years, now is a reasonable time to revisit it. Vague policy language creates problems when a positive result is disputed.
An expedited hearing on the broader rescheduling took place in 2026. As of this writing, employers should confirm the final rule’s status before drawing conclusions about what has been formally enacted. What is clear is that any final rescheduling rule does not change DOT testing requirements. Non-DOT employers should monitor the regulatory environment and consult legal counsel on any policy implications specific to their industry.
No. The MRO review process under 49 CFR Part 40 is unchanged. An employee who tests positive for THC cannot use marijuana rescheduling as an explanation during the MRO interview. The DOT has also reaffirmed that CBD use and state medical marijuana cards are not valid explanations for a positive THC result under DOT regulations.
Related Services: DOT Drug and Alcohol Testing | Non-DOT Screening | Drug Testing Policy for Colorado Employers | CBD and DOT Drug Testing | Consortium and TPA Services
Compliance Resources: 49 CFR Part 40 | DOT Marijuana Rescheduling Guidance | FMCSA Drug and Alcohol Rules
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Regulatory Disclaimer: This content is provided for general informational and educational purposes regarding DOT and workplace drug and alcohol testing requirements. It does not constitute legal advice, official DOT regulatory interpretation, or company-specific compliance guidance. DOT drug and alcohol testing regulations are established under 49 CFR Part 40 and DOT agency-specific regulations and are subject to amendment. Always verify you are applying current regulations and consult qualified legal counsel for definitive compliance requirements. PROCOM Testing provides DOT and non-DOT drug and alcohol testing services in accordance with 49 CFR Part 40. Employers are responsible for complying with drug and alcohol testing regulations.
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