- On December 22, 2025
On December 18, 2025, President Donald Trump signed an executive order (EO) directing that marijuana be reclassified from its status as a Schedule I drug to Schedule III under the Controlled Substances Act (CSA). This shift would mean marijuana is considered less dangerous and regulated less strictly compared to its current classification.
Background
Marijuana has historically been listed under Schedule I of the CSA, which includes substances deemed to have no accepted medical use and a high potential for abuse. The CSA classifies drugs into five categories based on their medical usefulness and potential for dependence or misuse. Schedule I drugs are typically the most tightly controlled, while Schedule III drugs are considered to have less potential for abuse and recognized medical uses.
Key Points of the Executive Order
According to the EO, based on advice from the Department of Health and Human Services (HHS), medical marijuana is now recognized as having legitimate medical applications. The order also highlights the potential health benefits of cannabinoids like cannabidiol (CBD) and tetrahydrocannabinol (THC), which are derived from hemp. As a result, the EO emphasizes a commitment to enhancing research on marijuana and CBD.
To implement this policy, the EO instructs the U.S. Attorney General to accelerate the process of rescheduling marijuana to Schedule III in compliance with federal regulations. Unlike Schedule I substances, Schedule III drugs are recognized for their medical uses, and their abuse potential is seen as moderate or lower compared to higher schedules. They are also considered to carry a lesser risk for physical dependency, though there may still be a possibility of psychological dependence.
Additionally, the EO mandates the Deputy Chief of Staff for Legislative, Political, and Public Affairs to collaborate with Congress on refining the legal definition of hemp-derived cannabinoid products. The goal is to ensure access to safe, full-spectrum CBD products while maintaining restrictions on substances that could present significant health risks.
Impact on Employers
Although this executive order does not immediately change the federal classification of marijuana, it sets in motion the necessary rulemaking procedures to potentially reschedule marijuana. If the rescheduling is finalized, it could have significant consequences for employers, especially those in industries where safety is a primary concern, such as commercial transportation. Employers should stay informed about the ongoing rulemaking process and consider how any changes might affect their workplace policies.