The U.S. Department of Justice (DOJ) has reclassified certain marijuana and marijuana-containing products to Schedule III controlled substances, which recognizes a drug’s potential legitimate medical use, a significant change in federal drug policy that could have implications for employers and workplace drug policies.

• The DOJ ordered the reclassification of certain marijuana and marijuana-containing products from Schedule I to Schedule III controlled substances, potentially reshaping medical research and employer policies around its use.
• Reclassification could lead to more medical research on marijuana and other non-employment-related impacts.
• Reclassification could also have implications for employers, including the handling of employees who are medical marijuana cardholders, analysis of workplace accommodation requests, and maintaining drug testing and other drug-free workplace policies.
• Employers with U.S. Department of Transportation (DOT)-regulated employees may want to remain mindful of the potential impact of rescheduling, though the specific impact is unknown at this time.

Acting Attorney General Todd Blanche issued a final order, dated April 22, 2026, directing that “drug products containing marijuana that have been approved by the Food and Drug Administration (FDA)” and “marijuana subject to a state medical marijuana license” be immediately placed in Schedule III of the Controlled Substances Act (CSA).

The final order does not legalize marijuana, or...

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