Overview
- The Justice Department, which on April 23 reclassified FDA‑approved cannabis products and state‑regulated medical marijuana, now treats these as Schedule III drugs with recognized medical use.
- The shift does not legalize recreational cannabis or synthetic THC under federal law, and DOT rules for safety‑sensitive workers like pilots and truck drivers remain in force.
- Employers may need to engage in the ADA interactive process for workers with state medical cards who use medical marijuana off duty, while still barring on‑the‑job impairment.
- THC tests now count as medical exams under the ADA, so employers should test only when job‑related and necessary, run pre‑hire tests only after a conditional offer, keep results confidential, instruct labs not to collect genetic data, and discuss lawful medical use after a positive result.
- Federal contractors must still maintain drug‑free workplaces, yet employees who lawfully use medical marijuana should be treated like other Schedule III medication users, and state medical marijuana licensees may now deduct ordinary business expenses once barred by Section 280E.