Marijuana laws have changed significantly across the United States, leaving many employers uncertain about what they can test for, how to handle positive results, and whether federal workplace drug testing requirements are changing.
In a recent development, a Drug Enforcement Administration (DEA) administrative law judge temporarily paused proceedings to reschedule marijuana from Schedule I to Schedule III under the Controlled Substances Act. The decision followed a legal motion referencing a new Government Accountability Office (GAO) report that identified gaps in federal drug scheduling procedures.
For now, the pause does not itself change marijuana’s federal classification or existing workplace drug testing requirements. However, the situation is evolving, and the status of the rescheduling process could change at any time. Employers should monitor the latest announcements from the DEA and other relevant federal agencies, as regulatory developments may occur without advance notice.
Why Did the DEA Pause Marijuana Rescheduling?
According to a September 30, 2026 announcement from the National Drug & Alcohol Screening Association (NDASA), DEA Chief Administrative Law Judge Derek Julius temporarily stayed the marijuana rescheduling proceedings.
The pause followed an emergency motion filed by:
- National Drug & Alcohol Screening Association (NDASA)
- DUID Victim Voices
- Kenneth Finn, M.D.
The parties requested that a newly released GAO report be added to the administrative hearing record and sought additional time to address its findings. The judge ordered the federal government to respond to the motion by October 13, 2026.
The stay is procedural. It does not constitute a final decision on whether marijuana should be rescheduled.
What Did the GAO Report Find?
On September 23, 2026, the U.S. Government Accountability Office published a report examining federal drug scheduling policies.
The report identified several areas where federal agencies could improve their procedures.
Among its findings:
- DEA lacked comprehensive written policies identifying roles, responsibilities, and procedures for certain scheduling decisions.
- FDA lacked sufficiently detailed procedures for conducting drug scheduling evaluations and developing recommendations.
- An agreement between FDA and the National Institute on Drug Abuse needed updating.
The GAO recommended improvements to strengthen consistency and accountability. Importantly, the report did not conclude that all previous scheduling decisions were invalid. It also found that DEA’s completed scheduling decisions aligned with the relevant HHS recommendations during the period reviewed.
What Is the Difference Between Schedule I and Schedule III?
Under the federal Controlled Substances Act, controlled substances are classified into schedules based on factors including accepted medical use and potential for abuse or dependence.
| Schedule I | Schedule III |
| No currently accepted medical use in treatment in the United States under the applicable federal classification | Currently accepted medical use |
| High potential for abuse | Potential for abuse lower than Schedule I and II |
| Subject to Schedule I controls | Subject to Schedule III controls |
Moving marijuana from Schedule I to Schedule III would represent a significant federal regulatory change. However, rescheduling would not automatically mean marijuana becomes legal for all uses or that employers must stop testing for it.
Workplace drug testing policies involve additional federal and state laws.
Does the DEA Pause Change Workplace Marijuana Drug Testing?
No immediate change results from the procedural stay itself. Employers should continue following the laws and regulations applicable to their testing programs.
This is particularly important because there are two major categories of workplace drug testing:
DOT-regulated testing: Governed by federal Department of Transportation requirements for covered safety-sensitive transportation employees.
Non-DOT testing: Employer-administered testing programs that must comply with applicable federal, state, and local laws.
These programs do not necessarily follow the same requirements.
What Does This Mean for DOT Drug Testing?
The U.S. Department of Transportation has specifically addressed marijuana rescheduling.
In its official notice on marijuana testing, DOT explained that marijuana remains subject to existing federal drug testing requirements until applicable rules change.
For covered safety-sensitive transportation employees, marijuana testing continues to be required.
This includes certain workers in:
- Commercial trucking
- Aviation
- Rail transportation
- Public transit
- Maritime transportation
- Pipeline operations
DOT-regulated employers must continue following the applicable federal drug and alcohol testing requirements, including 49 CFR Part 40.
A state law permitting recreational or medical marijuana does not override DOT drug testing requirements.
What About Non-DOT Employers?
For non-DOT employers, marijuana testing policies can be more complicated. Some states allow employers to test for marijuana under certain circumstances. Others restrict pre-employment cannabis testing or limit employment actions based on lawful off-duty use.
The specific rules depend on the jurisdiction, industry, job duties, and applicable exceptions. For employers operating in Kansas and Missouri, it is especially important to recognize that marijuana laws are not identical across state lines.
Businesses should review their policies with qualified legal or compliance professionals before changing testing requirements or making employment decisions.
Why Marijuana Testing Still Matters for Employers
Regardless of the federal rescheduling debate, employers may have legitimate reasons to maintain workplace drug testing programs, particularly where safety-sensitive duties are involved.
Drug testing can support:
- Written workplace safety policies
- Pre-employment screening where legally permitted
- Random testing programs
- Post-accident testing when appropriate
- Reasonable-suspicion testing
- Compliance with applicable regulations
However, employers should understand that a positive marijuana drug test does not automatically establish that an employee was impaired while working. Drug tests identify substances or metabolites according to the method and cutoff used. They do not directly measure real-time impairment.
Marijuana Testing: Urine, Hair, or Oral Fluid?
Different specimen types provide different information.
| Testing method | General detection characteristics | Common workplace applications |
| Urine drug testing | Usually detects recent use over days, sometimes longer | Pre-employment, random, post-accident |
| Hair drug testing | May detect use over approximately 90 days | Longer-term substance use screening |
| Oral fluid testing | Generally detects more recent use | Pre-employment, reasonable suspicion, other screening programs |
Detection windows vary based on the substance, frequency of use, individual factors, and laboratory procedures.
Employers should select a testing method based on their program’s purpose and legal requirements rather than assuming one method is universally superior.
Five Steps Employers Should Take Now
While the federal rescheduling process remains unresolved, employers can use this opportunity to review their existing policies.
- Review your marijuana testing policy.
Ensure your written policy accurately reflects the testing program you currently administer. - Separate DOT and non-DOT requirements.
Do not assume the same procedures apply to every employee. - Review state-specific employment laws.
Employers operating in multiple states may need different policies or exceptions. - Evaluate your testing methods.
Consider whether urine, hair, or oral fluid testing is appropriate for each program. - Stay informed about federal developments.
Monitor official DEA and DOT announcements before implementing changes based on proposed rules.
Workplace Marijuana Drug Testing at Test Smartly Labs
Changing marijuana laws can make workplace drug testing more complicated, but employers still need dependable collection services and clear testing options.
Test Smartly Labs provides workplace drug testing services for businesses throughout the Kansas City metropolitan area, including:
- Overland Park, KS
- Kansas City-Waldo, MO
- Independence, MO
Available testing methods include urine, hair, and oral fluid drug testing, with options for employers seeking pre-employment and other workplace screening services.
Our team can help businesses understand available test panels, collection methods, and pricing so they can select services that align with their established testing programs.
Explore workplace drug testing services at Test Smartly Labs.
Frequently Asked Questions
Has marijuana officially moved to Schedule III?
As of October 13, 2026, the broader marijuana rescheduling proceeding remains subject to a temporary stay. The stay itself does not transfer marijuana from Schedule I to Schedule III.
Does marijuana rescheduling mean employers cannot drug test?
No. Federal rescheduling and employment drug testing laws are separate issues. Employers must follow the rules applicable to their jurisdiction and testing program.
Is marijuana still tested in DOT drug screenings?
Yes. DOT-regulated marijuana testing requirements remain in effect under current DOT guidance.
Can Missouri employers still test for marijuana?
Missouri employers may conduct marijuana testing in circumstances permitted by applicable law, but medical marijuana protections and other legal considerations can affect employment decisions.
Is marijuana drug testing legal in Kansas?
Kansas employers may generally maintain workplace drug testing programs, subject to applicable laws and program requirements.
Can a marijuana drug test prove someone is impaired?
No. A positive drug test indicates the presence of a substance or metabolite under the testing criteria. It does not, by itself, establish current impairment.
Final Thoughts
The DEA’s decision to pause marijuana rescheduling adds another development to an already complex regulatory environment.
But for employers, the most important takeaway is straightforward:
A proposed change in marijuana’s federal classification does not automatically change workplace drug testing requirements.
DOT-regulated employers must continue following federal requirements, while non-DOT employers should carefully review state and local laws before changing their policies.
If your business needs workplace marijuana drug testing in Overland Park, Kansas City-Waldo, or Independence, Test Smartly Labs offers convenient drug testing services to support your established workplace screening program.
