The U.S. Health and Human Services Department (HHS) announced that federal workplace drug testing programs will continue screening for cannabis metabolites, maintaining the current approach.
The announcement comes despite a December 2025 executive order by President Trump which called for cannabis to be reclassified from Schedule I to Schedule III under the Controlled Substances Act as quickly as federal procedures allow.
Earlier last year, the agency made a narrower adjustment by updating the terminology used in reporting cannabis test results to align with modern scientific standards. However, marijuana’s legal status at the federal level remains unchanged. It is still categorized as a Schedule I substance, a classification reserved for drugs considered to have a high risk of misuse and no accepted medical use.
In recent years, many states have approved measures allowing recreational or medical cannabis use. Ballot initiatives in both 2020 and 2022 expanded access further, and at least 24 states now permit recreational use.
This patchwork of state laws has created compliance challenges. Legal protections for marijuana users differ widely depending on location, making it harder for employers to apply consistent policies across jurisdictions.
For example, Colorado allows recreational cannabis use but still gives employers the authority to act on drug test results when making employment decisions. In contrast, workers in Illinois are protected from disciplinary action if they use legal products such as cannabis outside of work hours and away from the workplace.
Some employers have also adjusted their internal policies in response to shifting attitudes and labor market pressures. In 2021, Amazon announced that it would stop including cannabis in its standard drug screenings for most positions, except those subject to Department of Transportation regulations.
Even as laws evolve, many experts advise human resources teams to maintain clear workplace drug policies. Most state laws that permit cannabis use still allow companies to ban on-the-job consumption and impairment during work hours.
If federal authorities eventually reclassify cannabis, employer obligations could shift, particularly in areas such as disability accommodations under the Americans with Disabilities Act. Legal analysts note, however, that even a move to Schedule III would not remove cannabis from the list of controlled substances.
Until any federal reclassification takes effect, employers, particularly those in regulated industries, are expected to follow existing rules. For others, state-level protections may apply, but no nationwide standard currently requires accommodation for marijuana use.
As things stand, firms like Innovative Industrial Properties Inc. (NYSE: IIPR) have to use their discretion to design appropriate workplace policies guiding their employees on what is or isn’t acceptable with regard to marijuana use.
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