On April 22, 2026, the Department of Justice (DOJ) and Drug Enforcement Administration (DEA) issued an order immediately reclassifying two categories of marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA) which were: (1) FDA‑approved marijuana‑based drugs and (2) marijuana subject to a state-issued license to manufacture, distribute, or dispense for medical purposes.
All other marijuana, including recreational marijuana, unlicensed bulk marijuana, hemp, marijuana extract and delta-9-THC materials remain Schedule I controlled substances under the CSA. Even so, the legal consequences of moving medical marijuana out of Schedule I are substantial.
A subsequent order issued by Acting Attorney General Todd Blanche also announced that an expedited administrative hearing is scheduled for June 29, 2026 to consider the broader rescheduling of marijuana from Schedule I to Schedule III.
Reclassification Impact on Employers
The Americans with Disabilities Act excludes protections for individuals who are currently engaged in the illegal use of drugs. Because marijuana was classified as a Schedule I controlled substance, employers could deny accommodation requests tied to its use without further analysis on the basis that it was a Schedule I substance, meaning it was considered to have no accepted medical usage and high potential for abuse. An employer evaluating whether medical marijuana use is entitled to an accommodation can no longer categorically deny...
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