Federal Marijuana Rescheduling Update and What Employers Should Watch

On December 18, 2025, President Trump signed an executive order directing the Attorney General to expedite rulemaking to reschedule marijuana from a Schedule I substance to a Schedule III substance under the Controlled Substances Act. This directive builds on the April 2024 proposal issued under the prior administration and accelerates the timeline for final agency action.

While this potential change could significantly reduce barriers for medical research and influence future state level policy shifts, it is important to note that marijuana remains classified as a Schedule I drug under federal law until rulemaking is finalized. Employer obligations have not yet changed, but employee expectations and accommodation related questions are already increasing.

What This Means for Employers

Employers should begin reviewing drug testing and substance abuse policies with a forward looking approach, particularly for safety sensitive roles. Manager training should emphasize impairment based decision making, consistent documentation and ongoing workplace safety obligations. Organizations should also prepare for employee inquiries and accommodation requests, especially in states with existing marijuana protections that already limit employer discretion.

Proactive planning now can reduce confusion and risk as federal and state policies continue to evolve.