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Change to marijuana classification, but no change for Oklahoma employers (for now)

March 2026 employment law letter
Authors: 

Charlie Plumb, McAfee & Taft

For years, marijuana has been classified as a Schedule I drug under the federal Controlled Substance Act. Heroin, LSD, peyote, and quaaludes are other drugs that fall under the Schedule I classification. In December, President Trump issued an Executive Order entitled “Increasing Medical Marijuana and Cannabidiol Research.” The order directed the U.S. Department of Justice to expedite the process of reclassifying marijuana to the lesser Schedule III category. Perhaps not surprisingly, the announced change triggered widespread social media discussions and rampant misinformation. As a result, some employees are under the mistaken belief that marijuana will soon become “more legal” and that changes to workplace marijuana rules and employers’ drug testing processes will follow.

Nothing could be further from the truth.

What the EO says

The EO criticizes the federal government’s “long delay in recognizing the medical use of marijuana.” Noting its potential value with chronic pain and chemotherapy side effects, the stated purpose of the reclassification is to expand medical marijuana research—not to revamp workplace issues concerning marijuana.

Once the process is completed and marijuana is reclassified under federal law, keep the following in mind:

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