Marijuana has been made legal at the federal level, or has it? Some marijuana products were reclassified by the U.S. Department of Justice on April 23, 2026. However, that did not make all forms or uses of marijuana legal at the federal level.

Marijuana has long been classified as a Schedule I substance, the same level as drugs like heroin. Now, some marijuana products are classified as Schedule III substances. Employers should review and update their policies to ensure they accurately reflect the new classification and its applicability, as it may have implications under the Americans with Disabilities Act (ADA).

This reclassification only applies to state regulated medical marijuana and Food and Drug Administration (FDA) approved products which contain marijuana. The change does not apply to recreational marijuana or synthetic THC.

It is important to note:

• Marijuana in general was not legalized at the Federal level.
• Recreational use was not legalized at the Federal level.
• Department of Transportation (DOT) regulations for safety sensitive roles such as truck drivers and pilots have not changed.

This change does not allow employees to work under the influence. What it does do is put the reclassified substances on the same level as other Schedule III drugs; therefore, those substances are no longer illegal at the federal level.

From a policy standpoint, employers must now treat these “legal” substances similarly to other prescribed medications for employees with state-issued medical marijuana cards and provide accommodations as appropriate, except in safety-sensitive positions as noted above.

With respect to pre-employment drug testing, these tests are now considered “medical examinations” under the Americans with Disabilities Act (ADA) and may only be conducted when they are job-related and consistent with business necessity. As a result, THC testing can only occur after a conditional offer of employment has been made. Employers must also ensure that no genetic information is collected during the process, notify applicants that genetic information is not being requested, and instruct testing personnel at collection sites not to obtain or document genetic information.

Much like the two-step pre-adverse/adverse action process with employment background checks, employers are expected to have a discussion with anyone who has tested positive for marijuana to determine if the substance was used legally and off duty for treatment of a medical disability. As always, document the conversation.

Employers should review their policies, consult legal counsel as needed, and ensure all relevant stakeholders are trained on the updated substance classifications and any resulting policy changes to maintain compliance.

Sources: politifact.com; michamber.com; millercanfield.com