As we move into 2026, legal frameworks surrounding cannabis continue to evolve across the jurisdictions in ways that can directly or indirectly impact employers. The most significant development is the continually discussed potential federal rescheduling of cannabis under the Controlled Substances Act (CSA), which could occur this year or in the near future. While many states have already implemented medical and/or adult-use cannabis laws, the federal classification shift may change the compliance landscape. Here’s what HR leaders and employers should watch for.
At the federal level, cannabis is currently a Schedule I substance under the CSA, a classification reserved for drugs with no accepted medical use and a high potential for abuse (e.g., heroin, LSD, and ecstasy). Though President Trump signed an executive order in December 2025 directing its rescheduling, the formal rescheduling process is still not completed. Rescheduling — here moving cannabis to Schedule III — would formally recognize a medical use, potentially reduce certain criminal penalties, and open doors for more research into therapeutic applications. What it would not do is legalize cannabis in a way that would otherwise impact employer drug-free workplace policies. Employers can still prohibit cannabis use on the job, operating under the influence, and maintain drug-free workplace programs, especially in safety-sensitive industries. Relatedly, Department of Transportation (DOT) rules prohibiting...
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