What Does the April 23, 2026 DOJ Order on Marijuana Rescheduling Say?
On April 23, 2026, the U.S. Department of Justice and the Drug Enforcement Administration (DEA) issued an order that introduces both immediate and potential long-term changes to marijuana’s classification under federal law.
Key highlights include:
- Immediate Action:
FDA-approved products containing marijuana, as well as marijuana products regulated under state medical marijuana programs, are now placed in Schedule III of the Controlled Substances Act. - Next Phase – Broader Rescheduling Under Review:
The order also initiates an expedited administrative hearing process to consider moving marijuana from Schedule I to Schedule III more broadly. - Upcoming Hearing:
A new DEA administrative hearing will begin on June 29, 2026, advancing the rulemaking process originally initiated on May 21, 2024. - Regulatory Process:
A new notice of hearing will be published in the Federal Register to guide proceedings and support a timely resolution.
What Are the Immediate Impacts on Drug-Free Workplace (DFWP) Policies and Programs?
At this time, there are no immediate changes for federally regulated employers.
- No Change for DOT, HHS, or NRC-Regulated Employers:
Marijuana remains a Schedule I drug, a prohibited substance, and testing requirements remain unchanged. - Medical Marijuana Still Prohibited Under Federal Programs:
Employees subject to federal drug and alcohol testing regulations are not permitted to use marijuana, even for medical purposes. - State Law Still Applies to Non-Federally Regulated Employers:
Employers that prohibit the use of marijuana for medical or other purposes under their own independent authority remain subject to applicable state laws regarding testing for marijuana and personnel actions related to medical marijuana. - Important Distinction:
Medical marijuana products produced and distributed under qualifying state-issued licenses are now deemed Schedule III medications. This does not override federal workplace testing requirements.
What Will WorkforceQA Do?
WorkforceQA will continue to support clients through these evolving regulatory changes by:
- Monitoring Federal Developments
Tracking ongoing DEA actions, rulemaking, and any new federal guidance related to marijuana rescheduling - Providing Client Updates
Keeping clients informed as new information becomes available - Delivering Policy Guidance
Offering recommendations for Drug-Free Workplace (DFWP) policy language and marijuana testing practices for non-federally regulated employers, aligned with current state medical marijuana laws
What Employers Should Do Now
This remains a fluid regulatory environment. Employers should:
- Continue operating under existing federal requirements
- Review workplace policies for state law alignment
- Monitor updates as federal guidance evolves
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