Marijuana and its legalization remain a constant topic of conversation for employers. Depending on your state, marijuana may be legal solely for medical use or also legalized for recreational use. It remains important for employers to understand how state and federal regulations of marijuana intersect with company policies and the law related to disabilities.
Most recently, the Drug Enforcement Administration of the U.S. Department of Justice (DOJ) reclassified medical marijuana from Schedule I to Schedule III under the federal Controlled Substances Act (CSA). The reclassification was prompted by an Executive Order issued by President Trump on December 18, 2025, to allow for increased research on beneficial medical uses for marijuana and CBD. Schedule III, unlike Schedule I, includes drugs with some degree of recognized medical use and with a lesser potential for abuse. This move will place medical marijuana closer to – but not on par with – other prescription medicines. Although medical marijuana has been reclassified, it is important to recognize that it has not been legalized. This dual status creates some confusion for employers.
With respect to the reclassifying of medical marijuana, it is possible, if not likely, that employers will see a rise in employee requests that medical marijuana be seen as a reasonable accommodation under applicable federal or state anti-discrimination laws, including the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973 (Rehabilitation Act). To the extent an employer receives such a request, the threshold questions will be whether (1) the marijuana is being used under the care of a licensed healthcare professional and/or in compliance with state medical programs; and (2) whether medical marijuana will allow the employee to (safely) perform the essential functions of their position. As to the former question, there is no reason or need to accommodate recreational marijuana use or use for allegedly medical purposes, but not consistent with appropriate requirements.
As with any request for accommodation, the employer should always engage in the interactive process, assess whether the accommodation will be effective, and evaluate whether granting the request would pose a direct threat to health and safety. Quite simply, the employer’s processes and policies should not change simply because of the reclassification. While the reclassification of medical marijuana from Schedule I to Schedule III reflects a meaningful shift in federal drug policy, it does not undermine an employer’s drug and alcohol policy. Employers may still deny requests to use medical marijuana as a reasonable accommodation because marijuana remains unlawful. That said, in issuing a denial, it would be best for an employer to issue that decision after engaging in the interactive process, being mindful of the recent reclassification of medical marijuana. Further, even where the employer denies the use of medical marijuana as a reasonable accommodation, the employer will still need to explore whether other accommodations may exist to address an employee’s disability.
For U.S. Department of Transportation (DOT) safety-sensitive positions, the DOT published guidance on May 15, indicating expressly that, despite the DOJ reclassification, the use of state-sanctioned medical marijuana will not excuse a positive drug test by safety-sensitive transportation employees subject to DOT drug and alcohol testing. Thus, for DOT employees, the reclassification has had no impact on their jobs.
It seems likely that additional research on medical uses for marijuana, encouraged by the Executive Order and the accompanying reclassification of licensed medical marijuana to Schedule III, will occur. As it does, we may see more impacts on the workplace and drug testing policies. In the interim, we recommend that employers review and update their Disability, Reasonable Accommodation, and Drug Testing policies to ensure that they are appropriately focused to be compliant with current law.
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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.
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