The Department of Transportation’s Office of Drug and Alcohol Policy and Compliance published answers on May 15, 2026, regarding the rescheduling of certain medical marijuana products to Schedule III of the Controlled Substance Act (CSA) by the Department of Justice
Drug and Alcohol Testing Law Advisor
Developments in Regulating Workplace Drug and Alcohol Testing
The Drug and Alcohol Testing Law Advisor, published by Jackson Lewis P.C., focuses on legal developments and compliance issues related to workplace drug and alcohol testing. It covers federal and state regulations affecting employer drug testing policies, including updates on controlled substances scheduling, Department of Transportation drug testing requirements, and state-specific legislative changes. The blog addresses challenges employers face in managing drug testing programs, such as accommodating medical marijuana use, navigating safety-sensitive positions, and responding to evolving legal standards. It also discusses practical implications for various industries and provides guidance on maintaining compliance with complex and changing drug and alcohol testing laws.
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Latest from Drug and Alcohol Testing Law Advisor
Maine Revises Drug Testing Law, Broadens Employers’ Drug Testing Options
Significant revisions to the Maine Substance Use Testing Law, 26 Maine Rev. Stat. 681 et seq., will take effect on July 29, 2026. Maine House Bill 1425 (2025-2026).
New Types of Tests Permitted
Maine law currently permits pre-employment testing,…
DOJ Moves Certain Marijuana Products to Schedule III, Sets June Rescheduling Hearing
The U.S. Department of Justice issued an Order on April 22, 2026 immediately placing all FDA-approved marijuana products and marijuana products regulated by a state medical marijuana license in Schedule III of the Controlled Substances Act (CSA).
A second order…
Oklahoma Amends Medical Marijuana Law: Employers Lose Discretion to Designate ‘Safety-Sensitive’ Positions
Oklahoma’s medical marijuana law has been amended to permit employers to have “zero tolerance” drug and alcohol standards regarding medical marijuana users in “safety-sensitive” positions. However, the law also revised the definition of “safety-sensitive positions” to remove employers’ discretion to…
Ohio Recriminalizes Certain Intoxicating Hemp Beverages, But Employer Testing Policies Can Hold Steady
Ohio Gov. Mike DeWine signed, but partially vetoed, a bill (S.B. 56) that effectively recriminalizes certain intoxicating hemp beverages as of March 20, 2026. Specifically, hemp beverages may no longer contain more than .3% of any tetrahydrocannabinols (THC)…
DOT Random Drug and Alcohol Testing Rates for 2026
The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2026. The rates are the same as 2025, except that the FRA Mechanical annual random alcohol testing rate has been decreased to 10%.
…
POTUS Orders DOJ to Complete Rulemaking Process To Reschedule Marijuana Expeditiously
President Donald Trump issued the “Increasing Medical Marijuana and Cannabidiol Research” Executive Order (EO) on Dec. 18, 2025. Contrary to what has been reported by many news outlets, the EO does not, by itself, reschedule marijuana to a…
Transportation Department Proposes Adding Fentanyl to Drug Testing Panel
The Department of Transportation proposed adding fentanyl and norfentanyl (a metabolite of fentanyl) to the DOT drug testing panel and making certain other technical amendments to its drug testing program.
According to a Sept. 2, 2025, Notice of Proposed Rulemaking…
Iowa Amends Drug Testing Statute, Relieves Some Employer Burdens
The Iowa drug testing statute (Iowa Code § 730.5) became more employer friendly effective July 1, 2025. Although the Iowa drug testing law remains one of the most technically challenging in the country, the changes will make it easier for…
