Navigating the DEA's New Marijuana Reclassification: From Schedule I to Schedule III

The U.S. Drug Enforcement Administration (DEA) on May 16, 2024, issued a proposed rule to move marijuana from its current classification as a Schedule I drug to a Schedule III drug, thereby loosening federal DEA restrictions. 

The rescheduling of a controlled substance follows a formal rulemaking procedure that requires notice to the public, and an opportunity for comment and an administrative hearing. This proposal starts the process, where the Drug Enforcement Administration will gather and consider information and views submitted by the public, in order to make a determination about the appropriate schedule. During that process, and until a final rule is published, marijuana remains a Schedule I controlled substance.

Under the CSA, Schedule I drugs have no currently accepted medical use and a high potential for abuse. Some examples of Schedule I drugs include heroin, LSD, and ecstasy. A Schedule I categorization means that not only is marijuana use (including sale, distribution, and ingestion) illegal federally, but also that researchers face strict restrictions regarding access to the product, even for research purposes only. Moreover, businesses that manufacture, distribute, or sell Schedule I drugs are unable to access the U.S. banking system, leaving businesses in the 38 states that have legalized marijuana unable to access safe banking.

The Marijuana legalization regulations have impacted Employers whether they are in a state where Marijuana has legalized medicinal and recreational usage. In addition to federal restrictions and state restrictions, many Employers do not know what leverage or power they have to manage the balance between legal Marijuana usage and managing a true drug-free workplace program, consider reasonable accommodations, and mitigate other federal regulations. This challenge impacts not only OSHA guidelines but it also impacts the Americans with Disabilities Act (ADA), Family Medical Leave Act (FMLA), and HIPPA Guidelines. Employers need guidance they can follow.

This training provides that guidance and will help Employers reduce their risk States have continued to join the Legalized Marijuana bandwagon but there are still different state regulations that are different from each other.

• How Can Employers mitigate Legalized Marijuana with their Drug-Free Workplace Program?
• How do the ADA, FMLA, and Legalized Marijuana overlap?
• What States and Local jurisdictions have Legalized Marijuana?
• What about the use of Medicinal Marijuana for chronic illnesses?
• What Reasonable Accommodations can be made by Employers when it comes to Marijuana in the workplace?
• What resources can Employers access to mitigate all the changes with Legalized Marijuana?
• What are the Federal regulations on the use of Marijuana in the workplace
• What states are restricting pre-employment drug testing for Marijuana?
• What are the types of Marijuana and how they are ingested?
• Does your Company have a true Drug Free Workplace Program?
• Learn if you are compliant with the Workers Comp requirements of a Drug-Free Program or lose the 4-5% discount;
• How will Employers mitigate drug-free workplaces with the new regulations?
• What policies should be in place to comply with the new regulation?
• What issues will HR professionals have to manage with the new regulations?
• Is Marijuana a reasonable accommodation

On May 16, 2024, the U.S. Drug Enforcement Administration (DEA) issued a proposed rule to reclassify marijuana from a Schedule I drug to a Schedule III drug under the Controlled Substances Act (CSA). This significant regulatory change reflects a shifting perspective on the medical use and regulation of cannabis in the United States.