DEA Withdraws Marijuana Rescheduling Hearing: What the Procedural Reset Means for DOT Drug Test Programs

In April 2026, the Drug Enforcement Administration (DEA) published a paired set of notices in the Federal Register: a withdrawal of the prior marijuana rescheduling hearing and a new hearing notice setting June 29, 2026, as the next date. The withdrawal is the procedurally significant document. It formally closes one administrative track on marijuana rescheduling and opens another under the framework set by Executive Order 14370. For DOT-regulated employers, nothing changes in the short term; marijuana remains Schedule I, the standard DOT drug test still flags THC metabolites, and a positive drug test result remains a violation. Below, we explain what the procedural reset does, what it does not do, and how to communicate with drivers who may misread the news.

What the rule says

The DEA published the withdrawal notice in the Federal Register on April 28, 2026, as FR-2026-08178. The document withdraws the prior notice of hearing for the proposed rescheduling of marijuana from Schedule I to Schedule III. The companion notice published the same week sets a new hearing for June 29, 2026; that document was the subject of a separate piece in the DOT drug test hub.

The two notices read together do one thing and one thing only: they reset the procedural posture of the marijuana rescheduling proceeding. The earlier hearing track is closed. A new hearing track opens. The substantive rescheduling question — whether marijuana should remain in Schedule I, move to Schedule III, or land somewhere else — is still pending. Nothing in either notice changes the current scheduling of marijuana or the contents of the federal controlled substance schedules.

The framework for the new proceeding is Executive Order 14370, which directs the Department of Justice to reconsider controlled substance scheduling under specific criteria. The withdrawal notice cites the change in administrative direction as the reason the prior hearing was withdrawn rather than continued. The legal effect is procedural — no rule has been promulgated, no rule has been struck down, and no comment period is open on the withdrawal itself.

The new hearing on June 29, 2026, will take the rescheduling question through the administrative process again. Hearings of this kind can stretch over months and feed into a notice of proposed rulemaking that itself takes months to publish and finalize. Outside observers tracking the marijuana rescheduling debate have noted that the procedural reset likely adds six to twelve months to any final rule, on top of whatever time the new hearing track itself consumes.

Why nothing changes for DOT drug testing in the short term

The Department of Transportation's drug and alcohol testing program for safety-sensitive employees runs under 49 CFR Part 40. Part 40 sets the panel composition, the laboratory and Medical Review Officer (MRO) procedures, the cutoff levels, and the consequences of a positive test. Marijuana metabolites — specifically the THC-COOH metabolite — are part of the standard DOT five-panel. The Office of Drug and Alcohol Policy and Compliance (ODAPC) has stated repeatedly that the DOT testing requirement is independent of state-level cannabis legalization and of any pending federal rescheduling action.

The DEA withdrawal does not change any of that. Marijuana is still listed as a Schedule I controlled substance under federal law. The DOT five-panel still includes the marijuana metabolite. A confirmed positive result for marijuana on a regulated DOT test still triggers the same consequences: the safety-sensitive employee is immediately removed from safety-sensitive functions and cannot return to those functions until completion of the return-to-duty process. A CDL driver with a confirmed positive is reported to the FMCSA Drug and Alcohol Clearinghouse and is subject to the prohibited-status flag until completion of return-to-duty.

The procedural reset is news for employers in the sense that it changes the timeline, not the operational rules. Carriers and other DOT-regulated employers should continue testing under Part 40 exactly as they did before. MROs should continue applying the existing cutoff levels and the existing medical-explanation framework. DERs should continue reporting positives to the Clearinghouse for FMCSA-regulated drivers and to the equivalent system for other modes.

Who this affects

Four groups absorb most of the practical impact of the procedural reset.

CDL drivers and other safety-sensitive employees. The communication burden falls most heavily here. Drivers in states with legal recreational or medical cannabis are the most likely to interpret "the DEA withdrew the marijuana hearing" as a signal that marijuana is no longer prohibited for CDL drivers. That is incorrect. The DOT prohibition is set under Part 40, not under the DEA scheduling action; DEA rescheduling alone would not lift the DOT prohibition, and no rescheduling has occurred in any event. Drivers should be told this directly, in writing, and through whatever channel the company uses for safety-sensitive policy updates.

DOT-regulated employers across all modes. Trucking, motorcoach, transit, rail, pipeline, and aviation employers with safety-sensitive testing programs all face the same communication challenge. Each mode has its own Part 40-aligned subpart (Part 382 for FMCSA, Part 120 for FAA, Part 219 for FRA, Part 655 for FTA, Part 199 for PHMSA, Part 46 USCG-OSHA for marine), but the marijuana prohibition flows from the same Part 40 standard. The procedural reset is a multi-modal communication event.

Medical Review Officers (MROs) and Designated Employer Representatives (DERs). MROs and DERs field driver questions about positive results, medical explanations, and the legal framework around the drug. The reset gives drivers a fresh reason to ask "why am I still being tested for this?" MRO and DER scripts should be updated to address the question directly. The accurate answer is short: DOT testing rules are independent of DEA scheduling action, and even if scheduling changed, the DOT testing rules would only change through a separate Part 40 rulemaking that has not been initiated.

Drivers in legal-cannabis states. The patchwork of state laws (33 states with medical cannabis, 24 with recreational cannabis as of early 2026) means a significant fraction of CDL drivers live in a jurisdiction where cannabis is legal under state law. None of those state laws override the federal DOT prohibition. A driver who tests positive on a DOT test cannot offer a state medical-cannabis prescription as a medical explanation. That has been the long-standing ODAPC position and the withdrawal does nothing to change it.

What to watch at the June 29 hearing and on the timeline

The June 29, 2026, hearing is the next procedural milestone. Hearings of this kind typically include testimony from medical and scientific witnesses, briefing from DEA on the criteria for scheduling under the Controlled Substances Act, and post-hearing filings from parties with standing. The hearing itself does not produce a rule; it produces a record that feeds into any subsequent Notice of Proposed Rulemaking.

From a fleet planning standpoint, the operational signal flows in this order, and each step takes months:

1. Hearing record closes. The June 29 hearing and the post-hearing briefing window define the record. Expect 30 to 90 days from the hearing date for the record to close.
2. DEA issues a Notice of Proposed Rulemaking (NPRM). If DEA proposes a scheduling change, it publishes an NPRM with a public comment window. The earliest realistic date for an NPRM is late 2026 or early 2027 if the proceeding moves at a fast pace.
3. Final rule, if any. A final rule would follow the NPRM by another 6 to 18 months depending on comment volume and litigation.
4. DOT response. Even after a final DEA scheduling change, the DOT testing standard would not change automatically. ODAPC and DOT would need to consider the Part 40 panel composition separately. Historical practice suggests DOT acts slowly and conservatively on changes to the testing panel.

The realistic planning horizon is that the DOT marijuana prohibition will look exactly the same as it does today for at least the next 12 to 24 months. Carriers building hiring, return-to-duty, and policy plans should plan on that assumption.

How to communicate the news to your drivers

The communication problem is real. Search traffic on "marijuana DOT drug test" and "what happens if CDL driver fails drug test" tends to spike around DEA news, and drivers in legal-cannabis states are particularly attentive. A short, written, plainly-worded communication is the most effective intervention.

Three messages should land:

1. Nothing has changed for DOT testing. The DEA action is procedural. The DOT panel still includes marijuana metabolites. The consequence of a positive is still removal from safety-sensitive functions and return-to-duty under Part 40.
2. State law does not override federal DOT rules. A state medical-cannabis card, a state legal-recreational status, or a CBD/hemp-product purchase in a legal state does not protect a driver from a DOT positive. The MRO will not accept a state medical-cannabis prescription as a medical explanation.
3. Even if DEA reschedules marijuana, the DOT prohibition would not change automatically. Drivers sometimes assume the two things are linked. They are not. A future DEA rescheduling would not change Part 40 unless DOT separately amends it.

The written communication should go through whatever channel the company already uses for safety-sensitive policy updates — driver portal, paystub insert, safety meeting, or a dedicated email. Where carriers have a written Drug and Alcohol Policy provided to safety-sensitive employees at hire, an annual refresh of the policy is the cleanest place to address the topic. Several large fleets have moved to a quarterly "policy reminder" email that covers exactly these moments.

How Foley helps

Foley supports DOT-regulated employers with drug and alcohol testing program management, MRO services, and Clearinghouse query and reporting. For a broader view of Foley's drug and alcohol testing program services, see the DOT compliant drug and alcohol testing hub.

Frequently asked questions

Did the DEA withdraw the rescheduling of marijuana?

No. DEA withdrew the prior hearing notice on the rescheduling proceeding and set a new hearing for June 29, 2026. The substantive rescheduling question is still pending. Marijuana remains a Schedule I controlled substance under federal law.

Does this change anything for the DOT drug test today?

No. The DOT drug test is administered under 49 CFR Part 40, which is set by the Department of Transportation, not by DEA. The marijuana metabolite remains on the DOT five-panel. A confirmed positive still triggers removal from safety-sensitive functions and return-to-duty under Part 40.

What does Executive Order 14370 have to do with this?

The withdrawal notice cites the framework set by Executive Order 14370 as the basis for resetting the proceeding under a new track. The administrative effect is that the rescheduling question moves forward under that framework rather than the framework used by the prior administration. The substantive scheduling outcome is still to be determined.

How long before this might affect DOT testing?

The realistic planning horizon is 12 to 24 months minimum before any operational change to DOT testing. The June 29 hearing produces a record, which feeds into an NPRM, which feeds into a final rule, none of which has happened yet. And even after a DEA scheduling change, DOT would need to separately consider Part 40 changes.

What should I tell drivers who ask about this?

Tell them three things: nothing has changed for DOT testing today, state cannabis laws do not protect a driver from a positive drug test result, and even a future DEA rescheduling would not change DOT rules automatically. A written communication through the channel you already use for safety-sensitive policy is the most effective format.

Sources

• FR-2026-08178 — Schedules of Controlled Substances: Rescheduling of Marijuana; Withdrawal (Federal Register, April 28, 2026)
• 49 CFR Part 40 — Procedures for Transportation Workplace Drug and Alcohol Testing Programs (ODAPC)
• ODAPC notice on medical marijuana and DOT drug testing
• FMCSA Drug and Alcohol Clearinghouse
• DEA — Drug Scheduling