ADA Implications of Potential Marijuana Rescheduling
In December 2025, President Trump issued an Executive Order directing the Department of Justice to complete the rulemaking process to move marijuana from a Schedule I to a Schedule III controlled substance under the federal Controlled Substances Act. While the Executive Order is aimed at legalizing marijuana research and does not change the current law, it may significantly impact how employers address medical marijuana in the workplace under the Americans with Disabilities Act (ADA). Accordingly, employers should understand that existing legal obligations and workplace policies are not yet affected. Over the last ten years, with a majority of states legalizing the use of medical marijuana to treat debilitating conditions, employers throughout the country have been forced to answer whether they have to accommodate an employer’s lawful use of medical marijuana during non-working hours . The answer to this question has been contingent on the state where th...