Federal Marijuana Rescheduling Hearing: What Employers Need to Know

We wanted to share an important update regarding the federal government's ongoing review of marijuana's classification under the Controlled Substances Act and what this process could mean for employers across the country.

A DEA Administrative Law Judge has established the procedures for a hearing scheduled to begin on June 29 regarding the proposed federal rescheduling of marijuana from Schedule I to Schedule III.

As media coverage and public discussion surrounding this issue continue to grow, it is important for employers to understand both the purpose of the proposed change and what has—and has not—changed at this time.

Currently, marijuana—whether used for medical purposes or adult use—remains classified as a Schedule I controlled substance under federal law. While several states have legalized marijuana for medical or adult use, federal law has not changed, and the DEA's review process is still ongoing.

To understand the significance of the proposal, it helps to understand what federal drug schedules represent. Schedule I substances are defined by federal law as having a high potential for abuse and no currently accepted medical use. Schedule III substances are considered to have accepted medical uses and a lower potential for abuse than substances classified in Schedules I or II.

The proposed rescheduling follows a recommendation from the U.S. Department of Health and Human Services (HHS), which concluded that marijuana may meet the criteria for placement in Schedule III. The upcoming DEA hearing will evaluate the evidence and determine whether a change in classification is warranted.

If marijuana were ultimately moved to Schedule III, it would not mean that marijuana has become federally legal. Rather, the change would primarily affect how marijuana is regulated under federal law and could impact areas such as medical research, pharmaceutical development, taxation, and certain regulatory requirements.

One of the most common questions we receive at Working Partners® is whether medical marijuana has already been moved to Schedule III. The answer is no.

For employers, however, the most important message is that nothing has changed today.

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

• No federal rescheduling has been approved or implemented.

• Existing workplace drug testing programs remain unchanged.

• Drug-free workplace policies continue to be valid and enforceable.

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

• State-specific laws governing medical and adult marijuana use, as well as employee protections, continue to apply where applicable.

While the upcoming hearing represents an important milestone in the federal review process, employers should avoid making policy decisions based on proposed changes that have not yet been finalized. As always, workplace policies should be guided by current law, regulatory requirements, safety considerations, and organizational needs.

Working Partners® will continue monitoring developments closely and will provide updates as new information becomes available. Should any changes ultimately occur, we will help employers understand the potential impact on workplace compliance, safety programs, drug testing policies, and employee relations.

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