Operator Questionnaire

Where things currently stand
In April 2026, the U.S. Department of Justice moved two narrow categories of marijuana from Schedule I to Schedule III: FDA-approved drug products containing marijuana, and marijuana handled under a qualifying state medical marijuana license. All other marijuana — including recreational use and medical use outside a licensed state program — remains Schedule I.

A separate DEA proceeding on moving marijuana as a whole to Schedule III held hearings from June 29 through July 15, 2026. Post-hearing briefs were due August 17, 2026. The Administrative Law Judge has not yet issued a recommendation, and no final rule has been published.

Nothing in 49 CFR Part 40 has changed. Marijuana remains on the DOT testing panel for all safety-sensitive employees, and a state medical marijuana card is still not a valid medical explanation for a positive result.

Why we are asking
DOT’s authority to test for marijuana runs through the HHS Mandatory Guidelines, which authorize testing for Schedule I and Schedule II substances. The National Transportation Safety Board has cautioned the DEA that a full move to Schedule III would, absent an explicit carve-out or a technical amendment to those Guidelines, cut off marijuana testing under Part 40. That gap has not been closed.

Your responses will help NCMS understand where operators stand, shape the position we take, and focus the guidance and support we develop for you.

Company Name(Required)

Name

First Last

Email(Required)

1. How concerned is your organization about the potential full rescheduling of marijuana to Schedule III?(Required)

Very Concerned

Slightly Concerned

Not Concerned

Not Sure - We need more information

This is the first I am hearing of it

2. Which areas create the greatest concern for your company? (Please select up to three.)(Required)

Please Specify:(Required)

3. Before today, were you aware that DOT’s authority to test for marijuana depends on the HHS Mandatory Guidelines, which currently cover only Schedule I and Schedule II substances?(Required)

Yes - we discussed it internally

Yes - but our leadership has not been briefed

No - this is new to me

4. If marijuana were removed from the DOT testing panel, would your company continue testing for marijuana in Non-DOT safety-sensitive positions?(Required)

Yes

Unsure

4a. Based on your previous answer: do you anticipate needing to update your written Non-DOT drug and alcohol policy?(Required)

Yes

Unsure

5. For Non-DOT positions, which of the following best describes your company’s current approach to medical marijuana?(Required)

Any test result containing marijuana is treated as a positive result

Medical marijuana use may be permitted with appropriate documentation and review

Medical marijuana use is permitted in accordance with state law

Standards vary by job category and/or by state

We no longer conduct Non-DOT marijuana testing

6. Has your legal or HR team reviewed your accommodation posture for employees using marijuana under a state medical program?(Required)

Yes - reviewed within the last 12 months

Yes - but not recently

Unsure

7. Please describe any impact that state legalization of marijuana (medical and/or recreational) has had on your company’s drug and alcohol testing program.

8. When was your supervisor reasonable-suspicion training last refreshed?(Required)

Within the last 12 months

One to three years ago

More than three years ago

Unsure

New NCMS web portal - In Development!
Since April, we have been building a next-generation monitoring platform designed with operator needs in mind.

Planned capabilities include:

Single Sign-On (SSO), providing secure access to all NCMS sister-company platforms through one login.
Custom, on-demand reporting that delivers flexible insights tailored to your business needs.
A unified system for managing audit and compliance monitoring needs in one place.
An intuitive dashboard that highlights key information and makes navigation and oversight easier.

Official launch is expected in Spring 2027, which means there is still time for operator input to shape what gets built. We would like to walk you through what exists today and capture your wish-list items while changes are still easy to make.

9. Would you be interested in joining NCMS and other operators in Houston, TX (mid-October) to discuss the rescheduling of marijuana and preview NCMS Connect?(Required)

Yes - count us in

Yes - depending on date and time

Interested - but prefer to join online

Not at this time

Great! Do you have a preference on the date?(Required)