A recent article published by JDP examined how the potential U.S. federal rescheduling of cannabis from a Schedule I to Schedule III drug in the United States may affect employer drug testing policies, workplace safety rules, and legal risk. While Donald Trump’s December 2025 Executive Order suggests a potential change in federal cannabis policy, employers may still prohibit workplace impairment and should clarify their policies to employees.
In the U.S., since 1970, cannabis has been classified as a Schedule I drug, and was considered to have no accepted medical use and a high potential for abuse. Subsequently, in 2023-2024, federal health agencies and the Department of Justice began the process of recommending and proposing that cannabis be moved to Schedule III, which includes drugs with a lower risk of dependence. In December 2025, President Trump signed an Executive Order directing the DOJ to speed up this rescheduling process, though the timeline remains uncertain.
Although rescheduling cannabis represents a major policy shift with complex implications for employers, especially in safety-sensitive industries, it does not legalize recreational use. U.S. state and local laws differ in how they regulate drugs in the workplace, and according to the article, employers must understand the rules that apply to their workforce; however, even if cannabis is rescheduled, employers may still prohibit its use and impairment at work, including through drug testing, subject to local restrictions. “That said, because no drug test can prove time of impairment, employers in states with overly restrictive [cannabis] testing laws will continue to grapple with balancing the risk of an employment claim against the risk of a workplace injuries due to drug use,” reads the article.
If cannabis is reclassified as a Schedule III drug, employees may try to seek protection under the Americans with Disabilities Act (ADA), which could increase legal risks for employers. In addition, the article makes several recommendations for employers, including reviewing and updating their drug testing and workplace policies, especially for safety-sensitive roles. It is also recommended to train managers to recognize impairment and seek legal advice about ADA and state law risks, and for employers to clearly communicate expectations to employees and stay informed about legal developments.
