Marijuana Rescheduling: Should Employers Update Their Drug Testing Policies And Practices?

Seyfarth Synopsis: President Trump's December 2025 Executive Order signals a possible shift in federal marijuana policy, but many employers still have a lawful and legitimate basis to prohibit impairment at work. Employers that test for marijuana should continue to monitor legal developments and evolving legal risk. Moreover, because employees may not fully understand the implications of the Executive Order, employers should remind employees of their policy expectations.

Since 1970, marijuana has been classified as a Schedule I controlled substance, defined as having no currently accepted medical use and a high potential for abuse. Over the years, presidents have floated the idea of reclassifying marijuana but not taken steps to do so. In 2023, the Food and Drug Administration and the Department of Health and Human Services (DHHS) determined that marijuana has a currently accepted medical use, and DHHS recommended to the Drug Enforcement Agency that marijuana