The DOJ shifts Marijuana Policy, and employers need to be up to speed on the changes and know how to respond within their drug screening flow.

The Big Picture

On April 23, 2026, the U.S. Department of Justice reclassified certain marijuana products to Schedule III under the Controlled Substances Act – a major federal shift after decades of Schedule I treatment. 

Why it Matters

This move recognizes medical use and lowers perceived risk – bringing new implications for workplace policies, especially under the Americans with Disabilities Act (ADA). 

What Changed

  • Covers FDA-approved marijuana drugs and state-regulated medical marijuana 
  • Does not legalize recreational use federally 
  • DOT-regulated safety roles (e.g., pilots, truck drivers) are unchanged under U.S. Department of Transportation rules 

Bottom Line

Employers may need to treat medical marijuana like other prescribed medications. 

  • Past: Marijuana use = “illegal drug use” → no accommodation required 
  • Now: Lawful medical use is no longer categorically illegal 
  • Result: Employers should engage in the ADA interactive process for qualified employees 
  • However, employers can still prohibit on-the-job impairment and safety-sensitive restrictions remain valid 
  • THC testing isn’t off the table — but it’s more regulated

Go Deeper

This isn’t full legalization – but it’s a meaningful legal shift. Employers who treat it as business-as-usual risk falling out of compliance. Check out the full legal analysis from Miller Canfield. 

Source: Michigan Chamber of Commerce

Read more about the DOJ shifting Marijuana Policy HERE.