President Donald Trump signed an executive order (EO) directing that marijuana be moved from Schedule I to Schedule III under the Controlled Substances Act (CSA), recognizing it as less dangerous and subject to fewer restrictions than Schedule I substances.
Background
Marijuana has historically been classified as a Schedule I substance under the CSA, a category reserved for drugs with a high potential for abuse and not currently accepted for medical use.
Executive Order Overview
Per recent federal guidance, the administration now recognizes medical marijuana as having an accepted medical use and acknowledges potential benefits of hemp-derived CBD and THC products. As a result, federal policy is focused on expanding research into medical marijuana and cannabinoid therapies.
To advance this policy, the EO directs the U.S. Attorney General to move as quickly as federal law allows to complete rulemaking to reschedule marijuana to Schedule III under the CSA. Unlike Schedule I substances, Schedule III drugs are recognized as having accepted medical uses in the U.S., a lower potential for abuse than Schedules I and II, and a risk of moderate or low physical dependence or high psychological dependence if misused.
The EO also directs the Deputy Chief of Staff for Legislative, Political, and Public Affairs to work with Congress to update the statutory definition of final hemp-derived cannabinoid products, expanding access to appropriate full-spectrum CBD while restricting products that pose serious health risks.
Employer Takeaways
The EO does not immediately change federal marijuana scheduling; instead, it starts the federal rulemaking process. If rescheduling moves forward, it could affect employers, especially those with safety-sensitive positions, like commercial drivers. Employer should monitor for updates on the rulemaking process and assess potential impacts on workplace policies and operations. Download the bulletin for more details.
