Federal officials are continuing to review whether marijuana should be moved from Schedule I to Schedule III under the Controlled Substances Act, with a DEA hearing scheduled to begin June 29.
The proposal has generated significant attention, but employers should be careful not to treat it as a final decision. Marijuana remains a Schedule I controlled substance under federal law, and no federal rescheduling has been approved or implemented.
“Proposed is not final, and rescheduled is not legal,” said Jacob Sargent, director of public policy services for the Ohio Manufacturers’ Association. “Employers should not weaken workplace safety policies based on speculation. Until federal law changes, marijuana remains a Schedule I controlled substance, and existing drug-free workplace and testing policies remain valid.”
If marijuana is eventually moved to Schedule III, the change would not make marijuana federally legal. Existing workplace drug testing programs, drug-free workplace policies and Department of Transportation testing requirements remain unchanged.
Employers should continue to follow current law, safety considerations, regulatory requirements and applicable state-specific marijuana laws. 6/22/2026