In this episode, Miller Johnson employment attorneys Rebecca Strauss & Sarah Willey discuss the federal government’s decision to reclassify marijuana from a Schedule I to a Schedule III controlled substance and why that seemingly simple change could have significant implications for employers.
🔍 Tune in as we explore:
– What marijuana’s Schedule III classification means under federal law
– Why medical marijuana may now trigger ADA accommodation obligations
– Managing remote employees and impairment concerns
– Policy updates employers should consider now
From drug-testing programs and workplace policies to ADA accommodation requests and impairment determinations, this episode explores how employers should rethink their approach to medical marijuana in states where its use is permitted. Rebecca and Sarah break down what has changed, what has not changed, and the practical steps HR leaders should be considering now.
📌 Chapters:
00:00 – Marijuana Reclassified to Schedule III: Why Employers Should Pay Attention
02:25 – Marijuana Laws: A Short History of State vs. Federal Workplace Compliance
03:55 – Marijuana Classification from Schedule I to Schedule III: What Changed?
06:37 – What the Reclassification Does NOT Change for Employers
08:22 – Workplace Impairment vs. Off-Duty Medical Marijuana Use
11:09 – ADA Accommodation Requests and Medical Marijuana Use
19:39 – Remote Employees, Performance Management, and Impairment Concerns
24:50 – Pre-Employment Drug Testing and ADA Considerations
29:16 – Updating Drug Testing and Marijuana Policies After Reclassification
🔍 Additional Resource:
For a deeper dive into the issues discussed in this episode, review Miller Johnson’s June 29, 2026 client alert:
📄 The DOJ Rescheduled Medical Marijuana: Key Risk Areas for Employers to Keep in Mind
This alert provides additional insight into accommodation requests, drug testing considerations, workplace policies, and employer compliance risks related to medical marijuana.
Read the client alert: https://millerjohnson.com/publication/the-doj-rescheduled-medical-marijuana-key-risk-areas-for-employers-to-keep-in-mind/
📌 Note: This episode provides general information only and is not legal advice.
🎙️Podcast: You can also listen to all the “The Lawyers Off the Clock” podcast episodes by subscribing on:
Apple Podcasts: https://podcasts.apple.com/us/podcast/lawyers-off-the-clock-with-rebecca-strauss-and-sarah-willey/id1561549177
Spotify: https://open.spotify.com/show/3lRrGuSriXv0LAe3Ko4tmZ?si=IPTFzeM8TquhMBOOc2lmPA&nd=1
