On April 23, 2026, the U.S. Department of Justice (“DOJ”) announced a significant change in the treatment of medical marijuana under the Controlled Substances Act (“CSA”), moving certain FDA-approved and state-regulated medical marijuana products from Schedule I to Schedule III. Based on the DOJ’s recent action, certain medical marijuana products lawfully manufactured and dispensed pursuant to state medical marijuana programs have now been moved to Schedule III. However, recreational marijuana strictly remains under Schedule I.
While the announcement generated considerable public attention, employers should understand that the change does not create a “right” to use marijuana in the workplace, nor does it prevent employers from maintaining workplace drug and alcohol policies—particularly for safety-sensitive positions and public sector employees.
What Does This Mean for Employers?
- The DOJ’s action does not require employers to permit employees to work while impaired, nor does it prohibit employers from enforcing workplace drug testing policies. However, the reclassification is likely to increase scrutiny of employer decisions involving off-duty medical marijuana use, particularly where the employee is using marijuana pursuant to a physician recommendation or for treatment of a medical condition.
- One of the most significant practical developments is that employers should move away from blanket marijuana prohibitions and instead focus policies on workplace impairment and fitness for duty. As a result, employers should review existing policies to ensure they clearly prohibit employees from reporting to work impaired or under the influence of any substance that affects their ability to safely and effectively perform their job duties.
- As it pertains to drug testing, the Schedule III classification means that employers should carefully assess whether the positive drug test result is pursuant to a valid state prescription or recommendation for medical marijuana.
Reasonable Accommodation Considerations
- The area most likely to evolve in the coming years involves disability accommodation claims under the Americans with Disabilities Act (“ADA”) and similar state and local laws protecting disabled employees. The reclassification of medical marijuana will inevitably lead employees to request permission to use medical marijuana off duty as a reasonable accommodation for a recognized disability.
- When evaluating accommodation requests, employers should continue engaging in an individualized, interactive process while carefully assessing whether the requested accommodation would create a direct threat to the health and safety of the employee or others or undue hardship based on the employee’s specific position and job duties. The analysis should resemble how employers already address other prescribed medications that may impair judgment, reaction time, alertness, or firearm and vehicle operation.
Looking Ahead
- Although the DOJ’s action represents a significant policy shift, many legal questions remain unresolved. Courts will likely continue addressing issues involving: workplace drug testing; disability accommodations; off-duty lawful conduct; and fitness-for-duty standards.
- Employers should continue monitoring legal developments and consult counsel when reviewing workplace drug policies or responding to accommodation requests involving medical marijuana use.
If you have questions regarding your organization’s drug and alcohol policies or the impact of the DOJ’s reclassification of marijuana, please contact our office.
