Marijuana has been and is presently classified as a Schedule I drug under the federal Controlled Substances Act (CSA), defined as having high abuse potential with no accepted medical use (Schedule I also includes heroin, LSD and MDMA (commonly known as “ecstasy”)). First recommended by the Biden Administration in 2023, on December 18, 2025, President Trump signed an Executive Order directing the Department of Justice to “take all necessary steps . . . in the most expeditious manner” to complete the rulemaking process related to rescheduling marijuana to Schedule III of the Controlled Substances Act (CSA). Moving marijuana to Schedule III – defined as drugs with a “moderate to low potential for physical and psychological dependance,” including Tylenol with codeine, anabolic steroids and testosterone – would, among other things, acknowledge the widely accepted medical use of marijuana. This in turn could have substantial downstream effects on employers and employees.
Rescheduling Has Yet to Occur. While the rulemaking process is underway, it’s crucial for employers to recognize that marijuana is still a Schedule I drug under the CSA until any rescheduling is complete. Currently, rescheduling has not occurred and may not occur for an extended period of time. Neither the Executive Order nor any other announcements from the Trump Administration have detailed just how swiftly the often-slow process could move.
This being the case, employees must continue to adhere to existing...
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