As the conversation surrounding medical marijuana continues across the nation, the Federal Government has stepped in to announce its plan to reschedule marijuana as a Schedule III drug. This prospective change has prompted discussion amongst employers and employees as to how marijuana will be treated in the workplace moving forward.
In her latest article, KingSpry’s Employment Law Chair, Avery E. Smith, Esq., discusses the President’s latest Executive Order and what employers should know to ensure compliance with local, State, and Federal drug and substance laws.
Executive Order
On December 18, 2025, President Trump issued an Executive Order titled, “Increasing Medical Marijuana and Cannabidiol Research” (the “Order”), intending to reschedule marijuana as a Schedule III drug. Marijuana is currently controlled under Schedule I of the Federal Controlled Substances Act (“CSA”), which means it has no currently accepted medical use in treatment in the United States.
In 2023, the Department of Health and Human Services recommended that marijuana be controlled under Schedule III of the CSA. Schedule III drugs are those that (1) have a potential for abuse that is less than Schedule I and II drugs; (2) have a currently accepted medical use in treatment in the United States; and (3) abuse of which may lead to moderate or low physical dependence or high psychological dependence.
The Order establishes that it is the policy of the Trump Administration “to increase medical marijuana and CBD research to better inform patients and doctors.” To accomplish this goal, the Order directs the Attorney General to take “all necessary steps to complete the rulemaking process related to rescheduling marijuana to Schedule III of the CSA in the most expeditious manner in accordance with Federal law . . .”
It is important to note that the Order itself does not reschedule marijuana as a Schedule III drug. As such, it remains an illegal, Schedule I drug under the CSA.
Pennsylvania Law
In Pennsylvania, marijuana is a Schedule I drug under the Controlled Substance, Drug, Device and Cosmetic Act. Pennsylvania’s Medical Marijuana Act (“MMA”), however, creates an exception to the illegality of marijuana use in the Commonwealth. The MMA permits individuals with a “serious medical condition” to receive a certification to use medical marijuana obtained from a licensed dispensary in Pennsylvania.
Employment Considerations
No Discrimination. The MMA prohibits employers from discharging, threatening, refusing to hire, or otherwise discriminating against an employee solely on the basis of their status as an individual who is certified to use medical marijuana. If marijuana is rescheduled under Federal law, it is likely that medical marijuana users will receive the same or similar protection against discrimination at the Federal level.
Accommodations. The MMA does not require employers to make accommodations for the use of medical marijuana on the property or premises of any workplace. However, the proposed rescheduling of marijuana at the Federal level may change this provision. As a Schedule III drug, marijuana would have a “currently accepted medical use.” This raises the question of whether medical marijuana users would be entitled to a reasonable accommodation under the Americans with Disabilities Act (ADA). The answer to this question remains unclear and is something employers should continue to monitor.
Employee Discipline. The MMA does not limit an employer’s ability to discipline an employee for being under the influence of medical marijuana in the workplace. Again, the rescheduling of marijuana at the Federal level may change this provision. If employees are able to obtain a reasonable accommodation for medical marijuana use, it is uncertain whether employers will be permitted to prohibit them from working while under the influence. This is another consideration employers should continue to monitor.
Prohibitions. Finally, under the MMA, employers can prohibit an employee “from performing a task which the employer deems life-threatening” to the employee or other employees, while under the influence of medical marijuana. Employers are also permitted to prohibit an employee from performing any duty “which could result in a public health or safety risk while under the influence of medical marijuana.” It is unclear whether these same permissions will be afforded to employers under Federal law.
This is particularly relevant to employers in the transportation industry who are subject to the Pennsylvania Department of Transportation (PennDOT)’s and the Department of Transportation (DOT)’s regulations. On December 19, 2025, DOT advised that “[i]t remains unacceptable for any safety-sensitive employee subject to drug testing under [DOT’s] drug testing regulations to use marijuana.” DOT further assured that its drug testing process and regulations will not change until the rescheduling process is complete.
Key Takeaways for Employers
Although the Order does not effectively reschedule marijuana as a Schedule III drug, it signals the Federal Government’s intent to implement policies and laws allowing the use of medical marijuana. We anticipate this change to have a significant impact on employers. Employers are encouraged to review their drug use and testing policies often and monitor Federal action to ensure compliance.
Employers should note that the Order does not intend to legalize the recreational use of marijuana. As such, employment policies and practices governing the illegal, recreational use of marijuana are not to be impacted.
KingSpry’s Employment Law Practice Team will continue monitoring the status of medical marijuana and is prepared to assist employers in reviewing their policies to ensure compliance with local, State, and Federal laws.
Employment News is a publication of KingSpry’s Employment Law Group. These articles are meant to be informational and do not constitute legal advice.
