On December 18, President Trump issued an Administrative Order directing the Attorney General to complete the rulemaking process to reschedule marijuana from Schedule I to Schedule III under the federal Controlled Substances Act.
Although the Order focuses primarily on expanding medical marijuana and cannabidiol research, its language—and the federal findings it endorses—have potentially significant implications for employment law and workplace practices across the United States.
The Order does not legalize marijuana under federal law or mandate changes to employer drug policies. However, it represents a meaningful shift in how the federal government formally characterizes marijuana. That shift is likely to influence litigation, agency enforcement priorities, accommodation requests, and employer decision-making in the years ahead.
A federal acknowledgment of accepted medical use
The Order adopts and relies upon key determinations by the Department of Health and Human Services, the Food and Drug Administration, and the National Institute on Drug Abuse that marijuana has a “currently accepted medical use” and a lower potential for abuse than Schedule I substances. These findings are supported by the following:
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