Trump Orders Move to Ease Federal Cannabis Restrictions
ATA Raises Concerns Over Drug Testing for Drivers
Key Takeaways:
- President Donald Trump signed a Dec. 18 executive order directing agencies to move cannabis from Schedule I to Schedule III, restarting a stalled federal rulemaking process.
- The shift could boost medical research and cannabis companies, but American Trucking Associations warned it could undermine transportation safety without safeguards for DOT drug testing.
- The order does not legalize marijuana nationwide and would keep federal illegality intact, leaving banks, investors and regulators awaiting further action.
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President Donald Trump on Dec. 18 signed an executive order directing his administration to move cannabis into a less restrictive federal category, setting in motion a regulatory shift that could alter the legal and commercial transportation landscape for the drug nationwide.
has long voiced concern about how a potential change might affect safety across the transportation sector.
Trump’s order instructs the Justice Department to begin the steps needed to shift cannabis to Schedule III, a tier reserved for drugs with accepted medical uses and lower abuse potential. Marijuana is currently labeled Schedule I, the government’s most restrictive class, alongside substances like heroin and LSD.
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Trump discussed the plans with Health and Human Services Secretary Robert F. Kennedy Jr. and Centers for Medicare and Medicaid Services Administrator Mehmet Oz as he weighed his decision, according to people familiar with the move, who spoke on condition of anonymity to discuss private deliberations. Trump also spoke with cannabis-industry leaders ahead of the decision, the people said, including Kim Rivers, CEO of Trulieve Cannabis Corp.
In a statement, ATA Vice President of Safety Policy Brenna Lyles said, “While we do not hold a formal position on marijuana legalization or deregulation, we are concerned about the safety risks of rescheduling marijuana without explicit safeguards to preserve the testing authority and technical requirements that apply to [U.S. Department of Transportation]-regulated, safety-sensitive workers. A safe driver is a qualified driver. And a qualified driver is drug- and alcohol-free. Motor carriers must retain reliable, enforceable tools to ensure they are not putting unqualified drivers behind the wheel.”
The president’s decision delivers a major win to the cannabis industry, which conducted a yearslong campaign for clearer federal rules. Rescheduling the drug could open the way for increased clinical research and Food and Drug Administration-reviewed cannabis-based medicines, providing a smoother path to market for companies developing medical marijuana products and potentially attracting larger pharmaceutical companies into the sector.
But Lyles cautioned that loosening testing restrictions for commercial drivers could bring dire consequences.
“Without clear measures to ensure DOT’s drug- and alcohol-testing program retains — and is equipped to execute — marijuana testing authority, such a federal policy shift could have serious consequences for highway safety and the integrity of the national transportation network. This risk is exacerbated by the fact that there is currently no proven, widely accepted standard to determine marijuana impairment at roadside or before a driver begins operating a vehicle, making it far more difficult to prevent impaired driving.”
She added, “The stakes are not theoretical. Marijuana accounts for nearly 60% of all positive drug tests among commercial drivers subject to DOT testing requirements.”
Trump touted the medical benefits for pain sufferers.
“This action has been requested by American patients suffering from extreme pain, incurable diseases, aggressive cancers, seizure disorders, neurological problems and more,” he said.
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The Centers for Medicare & Medicaid Services is expected to complete a plan to test making some Medicare patients eligible for therapies derived from cannabinoids, the naturally occurring compounds in cannabis.
Trump’s directive does not legalize marijuana nationwide, nor does it take effect immediately.
The executive order instructs agencies to restart a formal rulemaking process led by the Drug Enforcement Administration and the Department of Health and Human Services that has been paused since January.
That would effectively kick-start a process begun under President Joe Biden in 2022, when he asked the HHS secretary and U.S. attorney general to review the federal classification of marijuana. The Justice Department later recommended moving the drug to Schedule III, prompting a formal review at the DEA. That effort, however, became mired in legal challenges and agency delays.
U.S. regulation of cannabis is a patchwork of differing rules across the 50 states. About half of the states allow it for recreational use, according to the National Conference of State Legislatures. More than 40 states and the District of Columbia allow marijuana use for medical purposes.
Even with a Schedule III designation, the drug will remain illegal federally, and state-licensed recreational operators would still face scrutiny from banks and institutional investors. Stabilizing access to financial services would likely require passage of the Secure and Fair Enforcement Regulation Banking Act or similar legislation that protects banks and credit unions from penalties for serving the industry. Earlier versions cleared the House multiple times but repeatedly stalled in the Senate.
ATA’s Lyles added, “We urge DOT to proactively coordinate with HHS, DOJ and Congress to ensure that any federal policy shift preserves a holistic approach to safety, one that maintains the authority, tools and technical capacity necessary to keep impaired and unqualified drivers off our roads.”
This article was edited to include comment from ATA.
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