President Donald Trump recently signed an executive order directing the reclassification of marijuana under the Controlled Substances Act (CSA). This reclassification, along with the growing number of states that allow medical and recreational marijuana use, further complicates the legal landscape surrounding marijuana for NRC-regulated entities required to maintain a fitness-for-duty program.
Under marijuana’s current classification under Schedule I, there is no acceptable reason for a positive test result even if the tested individual is prescribed marijuana under state law. Reclassification would create significant challenges for implementing the NRC’s fitness-for-duty regulations as currently written. The NRC will need to address these challenges in a rulemaking, either by continuing its zero-tolerance policy or allowing marijuana use by workers in certain job functions.
Background on Marijuana’s Classification
At the state level, marijuana’s legal status is in flux. Forty states now allow marijuana use for medical reasons and of those, 24 also allow recreational use. At the federal level, however, marijuana currently is classified as a Schedule I drug under the CSA. Schedule I drugs have no accepted medical use, and it is, therefore, illegal under federal law to produce, dispense, or possess them.
However, in response to pressure to reconsider marijuana’s classification and in recognition of the relaxation of state laws, in 2023, the Department of Health and Human Services recommended that marijuana be reclassified as Schedule III. Schedule III drugs have acceptable medical uses and can be lawfully dispensed by prescription if approved by the Food and Drug Administration.
In May 2024, the Department of Justice issued a proposed rule to reclassify marijuana under Schedule III. The proposed rule received over 43,000 comments and, to date, no final rule has been issued.
President Trump’s Executive Order
On December 18, 2025, President Trump signed Executive Order 14370, Increasing Medical Marijuana and Cannabidiol Research. In the executive order, President Trump noted the increasing use of medical marijuana to treat several medical conditions and to alleviate pain. He added that the continuing classification under Schedule I impedes research and limits its medical uses. President Trump thus directed the attorney general to “take all necessary steps to complete the rulemaking process” to reschedule marijuana under Schedule III.
The reclassification of marijuana under the CSA without other statutory changes will have limited legal effect. While the reclassification would allow marijuana to be lawfully dispensed by prescription, it would first need to be approved by the Food and Drug Administration. The rescheduling of marijuana would not allow its recreational use under federal law. The executive order did not set a deadline for the completion of the rulemaking.
Impact of Marijuana’s Reclassification on NRC Fitness-for-Duty Requirements
NRC regulations require nuclear power licensees to maintain a fitness-for-duty program for all individuals granted unescorted access to nuclear power reactors. A fitness-for-duty program requires, among other things, that an individual pass a drug test that tests for marijuana and other drugs. Passing a drug test is one component of finding an individual to be “trustworthy and reliable” and thus eligible for unescorted access authorization to a nuclear plant. A clean drug test shows the individual is not abusing substances or under the influence of legal or illegal substances that could affect their ability to safely and competently perform their work.
When a positive test occurs, NRC regulations require the licensee’s medical review officer (MRO) to review the test results and determine whether there is an acceptable explanation for a positive test. However, the NRC’s regulations make clear that there is no legitimate use of any Schedule I drug “even if the drug may be legally prescribed and used under State law.” In other words, because marijuana is classified under Schedule I, a positive test for marijuana is not explainable by a prescription issued in a state where medical marijuana is allowed.
If the DOJ reclassifies marijuana under Schedule III, however, a positive test for marijuana would not be immediately disqualifying. Under the NRC’s fitness-for-duty regulations, a positive test result for a non-Schedule I drug is reviewed by the MRO. During this review, the MRO may determine whether there is a legitimate medical explanation for a positive test, which requires the MRO to determine if the drug was used in the manner and dosage prescribed. The MRO is also required to evaluate whether a positive test poses a potential risk to public health and safety and if so, ensure that a determination of fitness is performed. That is, an MRO could conclude that a worker’s positive test result is not disqualifying.
Conclusions
We expect the NRC will address the uncertainty in its fitness-for-duty regulations as they pertain to marijuana after it is reclassified. Until it does, licensees should maintain a clear policy regarding marijuana use if prescribed under state law.
How We Can Help
Our lawyers stand ready to assist clients with their nuclear regulatory needs, including with any of the potential impacts from the reclassification of marijuana. Please reach out to our team for more information.