Michigan Labor & Employment Law Blog
On April 22, 2026, the Department of Justice (DOJ) and Drug Enforcement Administration (DEA) issued an order immediately reclassifying two categories of marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA) which were: (1) FDA‑approved marijuana‑based drugs and (2) marijuana subject to a state-issued license to manufacture, distribute, or dispense for medical purposes.
All other marijuana, including recreational marijuana, unlicensed bulk marijuana, hemp, marijuana extract and delta-9-THC materials remain Schedule I controlled ...
Employers are facing one of the most consequential shifts on workplace drug policy in recent memory. On December 18, 2025, President Trump signed an Executive Order that reclassifies marijuana from a Schedule I to a Schedule III drug.
While this does not legalize marijuana federally, this change could significantly alter how courts and agencies evaluate ADA accommodation requests. To discuss how marijuana rescheduling could impact drug testing, HR policy, and employer risk in 2026, Foster Swift labor & employment law attorney Cliff Hammond recently appeared on the Michigan ...