Cannabis remains listed as a Schedule I substance under the Controlled Substances Act (CSA), a category reserved for drugs considered to have a high likelihood of misuse and no recognized medical purpose. That designation has shaped federal drug policy for decades and continues to influence workplace rules across the country.
In 2023, the Biden administration backed a proposal to shift cannabis to a different category. Last year, President Donald Trump signed an order instructing the Justice Department to move forward with the formal rulemaking process to reclassify cannabis as a Schedule III substance.
Moving marijuana into that group would signal federal recognition that it has accepted medical use in the United States. Such a change could carry significant consequences for workplaces across the country.
For now, however, nothing has officially changed. The federal review is ongoing, and marijuana remains in Schedule I until the process is finalized. Federal rulemaking often moves slowly, and the executive order did not set a clear timeline. Employers should assume that existing federal requirements remain in place.
That means workers in safety-sensitive roles must continue to comply with mandatory drug testing rules. For instance, under the Department of Transportation regulations, employees who perform certain critical duties are prohibited from using cannabis and are subject to routine screening. This includes airline pilots, truck drivers, school bus operators, train engineers, subway operators, aircraft maintenance crews, and armed transit security staff, among others.
Even if cannabis is eventually reclassified, businesses are still expected to retain the authority to enforce policies that ban impairment on the job. Employers would likely continue to conduct drug testing and prohibit on-duty use, provided those policies align with state and local laws.
A shift to Schedule III could also affect disability discrimination claims. More than 35 states have legalized marijuana for medical purposes, yet federal courts have generally dismissed claims under the Americans with Disabilities Act (ADA) tied to medical cannabis use. Judges have pointed to the drug’s current illegal status under federal law as a key reason.
The ADA does offer protections for individuals who use certain controlled substances under a valid prescription. If cannabis gains recognition as an accepted treatment at the federal level, employees may attempt to argue that disciplinary action based solely on medical use violates disability law.
It remains unclear whether such claims would increase significantly, but employers would still be able to address workplace safety concerns. Companies may act if an employee’s use creates a direct safety risk, if the individual is impaired while working, or if a requested accommodation is unreasonable, such as seeking permission to consume marijuana during work hours.
Local and state regulations add another layer of complexity. Even if federal law changes, businesses must comply with rules in the jurisdictions where they operate. Some states provide specific protections for registered medical marijuana patients. In Arizona, for example, the law bars employers from discriminating against workers or applicants solely because they hold a valid medical marijuana card, subject to certain exceptions.
Marijuana companies within and outside the country, such as Canopy Growth Corp. (NASDAQ: CGC) (TSX: WEED), will be monitoring how workplaces change their policies once the federal rescheduling is eventually completed and codified.
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