Federal government reschedules medical marijuana

April 23, 2026

Medical marijuana has been reclassified into a lower drug category, placing it into the same classification as some prescription painkillers.

Attorney General Todd Blanche issued an order on April 23 moving medical marijuana from Schedule I of the Controlled Substances Act to Schedule III, a class of drugs with a moderate to low potential for dependence, that includes ketamine, Tylenol with codeine, and anabolic steroids. Schedule III drugs can be obtained with a prescription.

Under the order, products containing marijuana approved by the Food and Drug Administration (FDA) and marijuana products regulated by a state medical marijuana law are now in the lower drug category.

Rescheduling the drug into a lower classification will support research into marijuana safety and use of the drug for medical purposes, the attorney general noted in a press release.

Impact on the workplace

The order doesn’t address how the rescheduling of medical marijuana impacts compliance with other federal laws, but to avoid the risk of a discrimination claim under the federal Americans with Disabilities Act, employers in states where medical marijuana is legal should treat individuals using medical marijuana as they would treat any individual using a prescription medication.

This includes having a discussion with the employee about accommodations, which may include off-duty use of medical marijuana.

In states where medical marijuana isn’t legal, employers would only need to consider accommodations for use of marijuana products approved by the FDA.

Recreational marijuana considerations

The order doesn’t legalize recreational marijuana, but does announce a June 29 hearing to evaluate broader changes to marijuana’s status under federal law.

The order notes that it doesn’t apply to synthetically derived THC, such as Delta-10 products. The final order notes that synthetically derived THC is outside of the definition of marijuana.

The order also establishes a federal licensing system for state medical marijuana manufacturers and dispensaries. It notes that states where medical marijuana is legal have established systems to regulate the sale and use of medical marijuana.

How does this affect safety-sensitive jobs?

The Drug Enforcement Administration’s reclassification order doesn’t address the impact the change would have on federal drug testing regulations. Specifically, it doesn’t offer insights into Department of Transportation (DOT) drug testing of truck drivers, airline pilots, pipeline operators, and others in safety-sensitive positions.

Before any changes can be implemented by the DOT, drug testing procedures in 49 CFR Part 40 must go through the rulemaking process.

Key to remember: The federal government has moved medical marijuana to a lower classification of drug. To reduce the risk of a discrimination claim, employers in states where medical marijuana is legal should treat it as a prescription medication to lower the risk of a discrimination claim. Employers in all states should consider accommodations for FDA-approved marijuana products.

Publish Date

April 23, 2026

Author

Terri Dougherty

Type

Industry News

Industries

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