DEA Marijuana Rescheduling Hearing Set for June 29: What DOT Employers Should Watch

The Drug Enforcement Administration has set a new hearing on the proposed rescheduling of marijuana from Schedule I to Schedule III of the Controlled Substances Act. The hearing begins June 29, 2026. The notice, published in the Federal Register on April 28, 2026, is the latest procedural step in a rulemaking that started with a Notice of Proposed Rulemaking on May 21, 2024, and has been on a renewed schedule since Executive Order 14370 directed DEA to complete the rescheduling rulemaking expeditiously. A companion notice issued the same day withdraws the prior August 2024 hearing notice and terminates those proceedings. For DOT-regulated employers, the meaningful question is not whether marijuana is rescheduled — it is whether and how a CSA scheduling change touches their drug and alcohol testing programs. **The short answer:** the rescheduling, on its own, does not change the DOT testing panel, FMCSA's prohibition on driver marijuana use, or how a positive THC result is handled under current rules. Any changes to DOT-regulated testing programs would require separate action by DOT.

What the rule says

The Federal Register notice for FR-2026-08177 states that "the Drug Enforcement Administration ('DEA') will hold a hearing with respect to the proposed rescheduling of marijuana into schedule III of the Controlled Substances Act beginning June 29, 2026."¹ The notice references the original NPRM, which "was initially proposed in a Notice of Proposed Rulemaking published in the Federal Register on May 21, 2024" and indicates that "[i]n accordance with Executive Order 14370, DEA is completing this process in the most expeditious manner in accordance with Federal law."¹

The companion withdrawal notice, FR-2026-08178, terminates the prior hearing schedule. The withdrawal explains that DEA "is withdrawing the notice of hearing and terminating the pending hearing proceedings" and that DEA "has determined that the most expeditious manner of completing the rulemaking process in accordance with Federal law is to terminate the pending hearing proceedings and initiate new hearing proceedings."²

Two procedural points are worth holding onto. First, this is a rulemaking under the Controlled Substances Act, run by DEA inside the Department of Justice. It governs how marijuana is scheduled federally. Second, DOT's drug and alcohol testing rules — 49 CFR Part 40 and the modal rules that incorporate it — operate on top of the CSA but do not move automatically when a substance is rescheduled. DOT's testing panel and prohibition framework are governed by separate procedures and separate rulemakings.

Who this affects

Every DOT-regulated employer with a drug and alcohol testing program will field questions about marijuana rescheduling between now and the hearing. That includes:

• FMCSA-regulated employers with CDL drivers subject to 49 CFR Part 382. Drivers prohibited from marijuana use under 49 CFR 382.213 remain prohibited regardless of CSA scheduling and regardless of state law.
• FAA, FRA, FTA, PHMSA, and USCG-regulated employers with their respective modal D&A programs. Each modal rule incorporates Part 40 procedures; none of those rules change automatically with a CSA reschedule, and any updates would require separate rulemaking by DOT.
• Substance Abuse Professionals (SAPs) and Medical Review Officers (MROs) who will handle increased questions from drivers and employers about how the rescheduling interacts with positive results, return-to-duty, and Clearinghouse reporting.
• HR and DER teams at fleets operating in states where marijuana is legal under state law. The federal-vs-state-law tension does not change with rescheduling — both before and after, federal DOT rules govern DOT-regulated employees.
• Drivers and other regulated employees who may interpret a rescheduling event as permission to use marijuana. Under current DOT rules, marijuana use remains prohibited for safety-sensitive employees.

Insurance partners and brokers underwriting commercial fleets also have an interest, because driver-facing communications during a high-visibility regulatory window often determine how clean a carrier's risk profile remains.

What to do and by when

1. Read the source notices. Before briefing your team or your drivers, read FR-2026-08177 (the new hearing notice) and FR-2026-08178 (the withdrawal of the prior hearing). Both are short. Paraphrasing from secondary coverage is not a substitute. Linked above.
2. Reaffirm the existing prohibition with drivers. Brief CDL drivers, flight crew, and other regulated employees that 49 CFR 382.213 (and its modal counterparts) continues to prohibit marijuana use. A CSA scheduling change is not authorization to use. Send a short written communication and document the acknowledgment.
3. Update FAQ and intake materials. Drivers and HR teams will ask. Build a one-page internal FAQ that distinguishes (a) the CSA scheduling rulemaking, (b) the DOT testing panel, (c) the FMCSA prohibition, and (d) state-law variation. Keep the FAQ factual and source it to primary documents.
4. Brief SAPs and MROs in your network. Make sure the SAPs and MROs you work with have a consistent answer for drivers asking about the rescheduling. Inconsistent messaging across your network undermines program credibility.
5. Track the hearing. The hearing begins June 29, 2026. The transcript, exhibits, and any post-hearing rulemaking activity will appear on regulations.gov and in the Federal Register. Calendar a check-in for the week after the hearing opens and again 30 days later.
6. Prepare a communication template. If DEA finalizes a rescheduling, the next question is whether DOT or FMCSA acts. Have a draft communication ready to send drivers within 24 hours of any subsequent DOT or FMCSA notice — even if that notice simply confirms no testing-program change.
7. Hold operational changes. Do not change your testing panel, your prohibition, or your Clearinghouse reporting in response to this hearing notice. Continue operating under current DOT rules unless and until DOT issues new guidance or rulemaking.
8. Review state-law-aware policies. If your fleet operates in states with legal recreational or medical marijuana, review your existing employment policy. Confirm that the DOT-regulated population is treated under federal rules and the non-DOT-regulated population is treated under your state-law-aware policy. The two should not be confused, before or after rescheduling.
9. Pre-stage Clearinghouse and return-to-duty workflows. If a driver tests positive in this period, the existing Clearinghouse reporting and SAP-led return-to-duty process applies in full. The hearing does not change those obligations. Make sure your DER playbook reflects that.

How Foley helps

Foley supports DOT-regulated employers with drug and alcohol testing program management across all six modal jurisdictions, along with Clearinghouse query services that help teams manage required reporting and review workflows. During regulatory inflection points like a high-visibility rescheduling hearing, the operational focus is on driver communications, SAP coordination, and maintaining compliance under existing rules. Foley’s compliance team supports employers across these areas. Visit the DOT Drug & Alcohol Testing hub or the Clearinghouse query resource for more.

Frequently asked questions

Does this hearing mean DOT will allow positive THC results?

No. The DEA hearing is about how marijuana is scheduled under the Controlled Substances Act. DOT's drug and alcohol testing program — including the testing panel and the consequences of a positive result — is governed by 49 CFR Part 40 and the modal rules. Those rules do not change automatically when a substance is rescheduled. DOT would need to act separately to change the testing program.

What about state-legal marijuana use?

State law does not change federal DOT rules. 49 CFR 382.213 prohibits marijuana use by FMCSA-regulated drivers regardless of state law. The same is true across the modal rules. A driver in a state with legal recreational marijuana is still prohibited from using it under federal rules. The rescheduling does not change that.

What about CBD products and other cannabis-adjacent items?

DOT has long advised that CBD products carry a risk of containing THC at levels that can produce a positive test result. The rescheduling notice does not address CBD. Employer guidance to drivers on CBD should remain consistent with current DOT guidance, which is that the driver bears the risk if a CBD product produces a positive test.

Does the Clearinghouse reporting framework change?

No. The FMCSA Clearinghouse continues to operate under its existing rules. Positive tests, refusals, and return-to-duty processes are reported as before. The hearing does not change Clearinghouse obligations.

What if a driver tests positive during this window?

The standard Part 40 and Part 382 process applies in full. The driver is removed from safety-sensitive functions, the result is reported to the Clearinghouse where applicable, the driver works with a SAP, and follow-up testing is required for return to duty. None of this changes during the hearing.

What if I have CDL drivers in legalization states asking when the rules change?

The rules change when DOT changes them. The DEA hearing is a CSA scheduling proceeding. Even if marijuana is rescheduled to Schedule III, DOT would need to take separate rulemaking action to change Part 40 panels, modal rules, or the prohibition on driver use. Communicate that distinction clearly and source it to FR-2026-08177 and 49 CFR 382.213.

Sources

1. Schedules of Controlled Substances: Rescheduling of Marijuana — Federal Register, April 28, 2026 (FR-2026-08177)
2. Schedules of Controlled Substances: Rescheduling of Marijuana — Withdrawal — Federal Register, April 28, 2026 (FR-2026-08178)
3. 49 CFR 382.213 — Controlled substances use (FMCSA prohibition on driver marijuana use)
4. 49 CFR Part 40 — DOT drug and alcohol testing procedures
5. FMCSA Drug & Alcohol Clearinghouse