Federal Marijuana Rescheduling Hearing Is Underway: What Employers Need to Know

As of June 29, 2026, the U.S. Drug Enforcement Administration (DEA) has officially begun its administrative hearing to determine whether marijuana should be reclassified under the federal Controlled Substances Act. This marks the next phase in a lengthy federal review process that could eventually change marijuana's classification from a Schedule I to a Schedule III controlled substance.

While this hearing has generated significant national attention, it is important for employers to understand what is happening, how the process works, and what it means for workplace drug-free workplace programs today.

The hearing follows a recommendation from the U.S. Department of Health and Human Services (HHS), which concluded that marijuana may meet the scientific and medical criteria for placement in Schedule III rather than Schedule I. The DEA is required to conduct its own independent review before making any final determination. To do that, the agency has convened an administrative hearing before a DEA Administrative Law Judge (ALJ).

This hearing is not a trial in the traditional sense. Instead, it is an administrative proceeding where evidence, testimony, and legal arguments are presented by various participants, including federal agencies, organizations, and other interested parties.

The hearing is expected to unfold over an extended period rather than being completed in a single day.

During the proceedings:

• Expert witnesses may testify regarding marijuana's medical use, abuse potential, scientific research, and public health impacts.

• Participating organizations and stakeholders will present evidence supporting or opposing rescheduling.

• The Administrative Law Judge will oversee testimony, review evidence, and manage the hearing process.

• Once the record is complete, the Administrative Law Judge will issue a recommended decision to the DEA Administrator.

• The DEA Administrator will then review the recommendation before issuing a final agency decision.

Because of the complexity of the issue, the process could take several months—or longer—before a final decision is reached.

Many people mistakenly believe that moving marijuana to Schedule III would make it federally legal. That is not what rescheduling would accomplish.

Under federal law:

• Schedule I substances are considered to have a high potential for abuse and no currently accepted medical use.

• Schedule III substances are recognized as having accepted medical uses and a lower potential for abuse than Schedule I or II substances.

If marijuana were ultimately moved to Schedule III, it would primarily affect federal regulation, including medical research, pharmaceutical development, federal taxation, and certain regulatory requirements. It would not legalize recreational marijuana under federal law, nor would it automatically override existing state laws or workplace policies.

The most important message for employers is simple:

Nothing has changed today regarding workplace drug testing or drug-free workplace compliance.

As of June 29, 2026:

• Marijuana remains a Schedule I controlled substance under federal law.

• No final rescheduling decision has been issued.

• Federal workplace drug testing requirements remain unchanged.

• Drug-free workplace policies remain fully enforceable.

• Department of Transportation (DOT) drug and alcohol testing regulations remain unchanged.

• State laws regarding medical marijuana, adult use marijuana, and employee protections continue to apply where applicable.

  
  

Employers should continue administering their drug-free workplace programs according to current federal and state laws—not based on proposed changes that have not been finalized.

Rather than making policy changes in anticipation of a possible federal decision, employers should use this time to ensure their programs remain current and effective.

Consider taking the opportunity to:

• Review your drug-free workplace policy to ensure it reflects current laws.

• Train supervisors on recognizing reasonable suspicion and impairment.

• Educate employees on workplace expectations and substance use policies.

• Confirm your drug testing procedures remain compliant with applicable regulations.

• Stay informed as the federal review process continues.

The federal rescheduling hearing represents an important milestone, but it is only one step in a much larger regulatory process. No immediate changes to employer responsibilities have occurred.

Working Partners® will continue monitoring the proceedings and provide timely updates as new developments occur. If a final decision is issued in the future, we will help employers understand how it may affect workplace compliance, drug testing programs, policy language, and overall drug-free workplace operations.

If you have questions about your organization's drug-free workplace program, testing protocols, or compliance obligations, our team is here to help.

Working Partners® Helping employers build safer, healthier, and more compliant workplaces through education, prevention, and comprehensive Drug-Free Workplace solutions.