Michigan Labor & Employment Law Blog

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 Business Network podcast.

In the following interview, he and host Chris Holman dicuss:

• What does the Administration’s issued an Executive Order on marijuana cover? 

• Do we know when will this Order go into effect? 

• What impact could rescheduling marijuana from Schedule I to Schedule III have on businesses and drug testing? 

• How does this impact employment drug testing now and how could that change if Marijuana is rescheduled? 

• Does this Executive Order allow for both recreational and medical use of marijuana like we have under Michigan’s current state laws? 

• How should multi-state employers navigate differences between federal reclassification and varying state marijuana laws without creating compliance gaps? 

• What practical steps can HR leaders and executives take in the near term to update policies, train managers, and reduce risk as this legal shift unfolds?