How Rescheduling Marijuana Could Affect DOT Testing

Rescheduling Marijuana: DOT Testing and SAP Evaluations in Maryland Could Greatly Change

The federal government has not yet officially rescheduled marijuana, but both the current and previous administrations have discussed moving it from Schedule I to Schedule III. While such a change would carry economic effects across industries, the most immediate impact would be felt by DOT-regulated employees in safety-sensitive positions — including those in transportation, logistics, and public safety across Maryland.

For our team at MarylandSAP, which provides Substance Abuse Professional (SAP) evaluations and return-to-duty services, this potential change raises important questions about how the Department of Transportation (DOT) will test and regulate workers under federal law.

HHS Testing Federal Implications

The Department of Health and Human Services (HHS) establishes testing guidelines for federal employees. The DOT is required to follow these same standards when testing safety-sensitive personnel. Currently, the five-panel drug test screens for marijuana, cocaine, amphetamines, opiates/opioids, and PCP.

If marijuana were moved from Schedule I to Schedule III, HHS would likely remove it from mandatory testing, forcing the DOT to immediately stop testing for marijuana. This shift could disrupt federal drug-testing programs and change how violations are identified and referred for SAP evaluations.

Lab Work and Communication Challenges

Such a change would create major administrative challenges. Thousands of existing test forms and lab panels include marijuana as a required substance. Labs would have to redesign testing forms, update databases, and retrain personnel. During this transition, Medical Review Officers (MROs) and Designated Employer Representatives (DERs) might continue processing outdated results, potentially leading to false-positive reports or confusion about violations.

This confusion could delay the referral of affected employees to SAP evaluations and return-to-duty processes, which are crucial for ensuring compliance and workplace safety in Maryland.

Safety and Reasonable Cause Concerns

The DOT includes marijuana in its testing panel to prevent impairment-related accidents. Employees under the influence of cannabis can experience slowed reaction times, poor focus, and reduced coordination which pose serious risks in transportation settings.

If marijuana were no longer tested under DOT guidelines, employers could not send visibly impaired workers for a reasonable-cause test under federal law. While a company could request a non-DOT test, any violation identified would not qualify as a DOT offense, creating a potential safety gap.

ADA Protections and Employee Rights

As of today, 40 states and Washington, D.C. permit the medical use of marijuana. Moving marijuana to Schedule III would officially recognize its accepted medical use, potentially giving employees protection under the Americans with Disabilities Act (ADA).

For Maryland employers, this means DOT-regulated workers who test positive for THC due to medical use could be shielded from termination or disciplinary action. This creates a complex legal and ethical landscape — especially for SAP professionals tasked with evaluating and guiding these employees through compliance-based recovery programs.