Federal Update: Marijuana Rescheduling

On April 23, 2026, the Department of Justice (DOJ) issued a press release announcing FDA-approved marijuana products and marijuana products regulated by a state medical marijuana license in Schedule III of the Controlled Substances Act. This move follows President Trump’s Executive Order on the subject issued in December.

The press release also announced that the Drug Enforcement Administration (DEA) will hold an expedited administrative hearing beginning June 29, 2026 that will consider rescheduling all marijuana from Schedule I to Schedule III. Additionally, the DOJ is working on procedural updates to expedite the rulemaking process required to fully remove marijuana from Schedule I, placing it into Schedule III. The DEA’s medical marijuana registration portal is now open. Applicants must pay a fee and complete an application.

What does this mean for regulated employers? It may just be too soon to tell. For DOT-regulated employers, the most recent instruction remains the DOT’s press release from December 19, 2025 which noted “[i]t remains unacceptable for any safety‐sensitive employee subject to drug testing under the Department of Transportation’s drug testing regulations to use marijuana.” Further, the DOT asserted that it would not change its drug testing process or regulations until the rescheduling process is complete.

All employers may want to start considering what impact this rescheduling can have on their workplace policies, use of drug tests and the potential for accommodation requirements. Employers also need to continue tracking state-level activity as it is certainly possible more states will take action to legalize medical and/or recreational marijuana.