Do Employer Rules Regarding Marijuana Need To Change In Light Of The New Presidential Executive Order?

On December 18, 2025, President Trump issued an executive order entitled “Increasing Medical Marijuana and Cannabidiol Research.”  The executive order primarily deals with the medical use of marijuana, but goes on to note that marijuana is currently controlled under Schedule I of the Control Substances Act, the most serious category.  In 2023, the Department of Health and Human Services recommended to the Drug Enforcement Agency that marijuana instead be controlled under Schedule III.  The Schedule I drugs are defined as drugs with no currently accepted medical use, a high potential for abuse, and a lack of accepted safety for use of the drug under medical supervision.  Schedule III drugs are classified as having a potential for abuse less than the drugs or other substances in Schedules I and II, and currently an accepted medical use and treatment in the United States, with potential for moderate or low physical dependence, but a high psychological dependence in the event of drug abuse.   The distinction is that the Schedule III drugs are available by prescription and subject to medical oversight once prescribed, while the Schedule I drugs are never lawful for medical use.  

The executive order doesn’t change the current Schedule I status but instead directs the Attorney General to complete the rescheduling process “in the most expeditious matter in accordance with federal law.”  Thus, the executive order currently changes nothing, nor does it suggest that marijuana will eventually become “legal” under federal law for recreational use.  If the change to Schedule III occurs, marijuana will likely be available by prescription for some individuals with approved conditions, and possibly have these costs covered through health insurance.

In spite of the executive order, state law bans or restrictions remain valid and enforceable as well as a state law protections for medical marijuana users.  The effect is that employers can retain their policies prohibiting the use of marijuana and enforce drug-free workplace policies consistent with state law.

Similarly, currently there will be no changes in workplace policies required in the transportation industry, as the federal Department of Transportation has implemented rules prohibiting the use of marijuana by regulated workers, including truck drivers and others. 

The main learning point from the executive order is that changes may come in the future that may affect those in certain states as well as for transportation workers.

Another point is that employees may have read about these changes and may not understand the limited scope of the order.  It is important therefore if the need arises for employers to communicate that their policies have not changed as the executive order does not affect current marijuana laws or workplace rules. 

This article is part of our February 2026 Newsletter. 

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