News & Insights

On December 18, 2025, President Trump signed Executive Order 14370 on expanding medical marijuana and cannabidiol (CBD) research. The Executive Order notes that in 2023, the Food and Drug Administration (FDA) completed a review of medical marijuana use and found scientific support for its use in treatment of pain and other symptoms from certain medical conditions. To date, forty (40) states have approved the use of medical marijuana. Despite the adoption of medical marijuana programs by states, marijuana remains defined under the Controlled Substances Act as a Schedule I drug (i.e. a drug that has no currently accepted medical use and a high potential for abuse). Now, the Executive Order seeks to reschedule marijuana as a Schedule III drug (i.e. one that has a currently accepted medical use and lower potential for abuse).

The Department of Health and Human Services (HHS) first recommended that the Drug Enforcement Agency (DEA) reschedule marijuana to a Schedule III drug in 2023, as they determined that medical marijuana has a currently accepted medical use and noted that over 30,000 licensed healthcare professionals are authorized to recommend its use. The Executive Order indicates that an increase in research to better educate healthcare professionals on medical marijuana use could lead to more patients benefiting from the drug. The Executive Order directs the U.S. Attorney General to take all steps necessary to complete the rulemaking process to reschedule marijuana to a Schedule III drug. The Attorney General has not yet taken steps to initiate the rulemaking process, and it is currently unclear whether the Attorney General will proceed with the typical notice and comment period, or attempt to expedite the rulemaking through other means.

Contractors should know that this move does not federally legalize recreational or medical marijuana. Although healthcare professionals in many states recommend medical marijuana to their patients, they may not formally prescribe marijuana – and the rescheduling of marijuana to a Schedule III drug will not change this. Additionally, the rescheduling of marijuana will not have any effect on DOT requirements to test for marijuana pursuant to applicable regulations. 49 CFR §40.82. Contractors should also ensure that their CDL drivers are aware that the potential rescheduling of marijuana will not affect their requirement to abide by DOT drug testing standards. If you have any questions on the potential rescheduling of marijuana, or related questions regarding medical marijuana in the workplace, call us at 215-896-3846 or email help@rckelly.com.