Occupational Safety and Marijuana Reclassification

Moving marijuana to Schedule III acknowledges the widely accepted medical use of it.

By Alexandra Walsh

President Donald Trump signed an executive order in 2025 directing the Department of Justice to “take all necessary steps . . . in the most expeditious manner” to complete the rulemaking process related to rescheduling marijuana to Schedule III of the Controlled Substances Act (CSA).

Moving marijuana to Schedule III, defined as drugs with a “moderate to low potential for physical and psychological dependence,” including anabolic steroids and testosterone, would among other things acknowledge the widely accepted medical use of marijuana.

This in turn could have substantial downstream effects on employers and safety-sensitive workers, as reclassification introduces new legal complexities without immediately overturning existing workplace safety rules.

The potential rescheduling of marijuana from Schedule I to Schedule III under the CSA represents a significant shift in federal policy, acknowledging its accepted medical use while maintaining federal control.

However, this change does not automatically legalize recreational marijuana, nor does it remove an employer’s right to enforce drug-free workplace policies, particularly in safety-sensitive positions.

This shift significantly impacts occupational safety, particularly for safety-sensitive roles, by potentially restricting federal drug testing capabilities while increasing legal arguments for medical marijuana use. However, employers still retain the authority to prohibit impairment and use in the workplace.

Immediate Impact

While the rescheduling process is underway, there is no immediate change to existing drug policies or enforcement.

• Continued Enforcement: Marijuana remains a Schedule I substance until the formal rulemaking process is finalized. Employers should continue following current testing panels and enforcement procedures.
• Right to Prohibit Use: Even after reclassification, employers generally maintain the right to prohibit marijuana use and impairment in the workplace to ensure safety.
• Impairment Focus: Experts suggest a shift toward impairment-based assessments—such as real-time supervisor observations—rather than relying solely on THC (a psychoactive compound in cannabis) metabolite tests, which do not prove current intoxication.

While the rulemaking process is underway, it’s crucial for employers to recognize that marijuana is still a Schedule I drug under the CSA until any rescheduling is complete, which may not occur for an extended period. Neither the executive order nor any other announcements from the Trump administration have detailed just how swiftly the process could move.

This being the case, employees must continue to adhere to existing federal regulations mandating drug testing.

Proactive Steps

While waiting for reclassification, employers can:

• Affirm Current Rules: Send a memo to staff (especially those in safety-sensitive roles) clarifying that policies remain in effect until further notice.
• Audit Job Descriptions: Clearly identify which roles are “safety-sensitive” to better defend against future ADA (Americans with Disabilities Act) accommodation requests that might pose a direct threat to safety.
• Enhance Training: Increase supervisor training for recognizing observable signs of impairment to reduce reliance on purely biological testing.

Federal and DOT Regulated

The transition to Schedule III creates a “technical gap” for federal drug testing authority.

• Testing Authority Risks: Current authority by the Department of Transportation to test for drugs flows through Health and Human Services mandatory guidelines, which only authorize testing for Schedule I and II substances.
• Potential Prohibitions: Without a statutory “carve-out,” moving marijuana to Schedule III could technically prohibit continued testing of safety-sensitive employees, although the DOT has stated its rules remain unchanged for now.
• Safety-Sensitive Roles: Truck drivers, and other DOT-covered workers, remain barred from using marijuana under existing 49 CFR Part 40 regulations.

Any employee performing safety‐sensitive functions subject to drug testing under the DOT’s drug testing regulations remains prohibited from using marijuana and remains subject to related testing. These restrictions apply to truck drivers and pipeline emergency response personnel, among others.

Furthermore, DOT guidance on medical and recreational marijuana and CBD (a non-psychoactive compound in cannabis) are still in effect.

Legal and ADA

Recognizing marijuana’s medical utility as a Schedule III substance opens new avenues for employee legal challenges.

• ADA Accommodations: Previously, courts rejected Americans with Disabilities Act claims for medical marijuana because it was federally illegal. As a Schedule III drug with “accepted medical use,” prescribed THC may qualify for reasonable accommodations unless it poses a “direct threat” to safety.
• State vs. Federal Law: Many states already protect off-duty medical use. Federal rescheduling may weaken employer arguments based solely on federal illegality in state court disputes.
• Zero-Tolerance Policies: Policies mandating zero tolerance that do not distinguish between off-duty use and on-the-job impairment may face increased scrutiny.

Although more than 35 states have authorized the use of marijuana for medicinal purposes, courts have rejected accommodation-related claims under the ADA stemming from medical marijuana use, citing that marijuana currently remains illegal under federal law.

But in some circumstances, the ADA creates a safe harbor for individuals using controlled substances pursuant to a valid prescription and appropriate use.

So, once marijuana is rescheduled to Schedule III—establishing it has currently accepted medical uses in treatment in the United States—employees may attempt to assert ADA claims alleging adverse actions were taken against them based solely on the employee’s medicinal marijuana use.

While it remains uncertain whether reclassifying marijuana will cause a marked uptick in these claims, employers still have recourse for disruptive behavior.

For example, employers would likely continue to be permitted to take employment actions if the employee’s medical marijuana use poses a direct threat to safety, if an employee is impaired while working, or has requested an unreasonable accommodation (for example, to use marijuana during working time).

Remain mindful of state and local laws. While rescheduling would impact federal law, employers still need to be mindful of state and local laws that regulate drug policies and testing, some of which provide protections to users of marijuana.

For example, under some state laws, it is unlawful for an employer to discriminate against an employee or applicant who holds a valid medical marijuana card based on their status as a cardholder (with some exceptions).

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In the future, when marijuana becomes a Schedule III drug, employers will still likely be able to require employees to adhere to policies that prohibit marijuana use and impairment in the workplace, including drug testing, subject to local and state laws.

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Alexandra Walsh is the vice president of Association Vision, a Washington, D.C.–area communications company. She has extensive experience in management positions with a range of organizations.