By Victoria Purser
February 5, 2025
With marijuana's reclassification to Schedule III expected in mid-2025, HR professionals must prepare for significant compliance updates. HR professionals are facing a new wave of compliance, legal, and workplace policy changes. The shift will have a direct impact on workplace drug testing policies, employee rights, and risk management. It’s time to assess the implications and prepare for change.
What Does Marijuana’s Reclassification Mean for Employers?
The DEA’s decision to move marijuana to Schedule III marks a significant departure from past federal policies. Learn more about the DEA’s reclassification. As HR professionals, we need to evaluate the impact on workplace policies, particularly in:
Drug Testing Procedures: Should your organization adjust its policies to reflect updated legal protections? Considerations include testing frequency, permissible levels of THC, and response to positive test results.
Workplace Safety & Impairment Policies: Employers will need to balance legal changes with workplace safety requirements, particularly in safety-sensitive roles such as transportation, healthcare, and construction.
Legal Risks & Employee Protections: With medical marijuana use gaining wider acceptance, HR teams must stay updated on evolving anti-discrimination protections under federal and state laws.

HR Strategies for Adapting to Schedule III Changes
HR professionals must proactively update workplace policies, ensuring compliance with new marijuana regulations while mitigating legal risks. Here are key focus areas to address:
1. Legal Compliance Updates
HR leaders must stay informed about federal and state regulations. While marijuana's Schedule III classification eases federal restrictions, state laws still vary widely. Employers should:
Review and update workplace drug policies in alignment with new regulations.
Ensure that policies comply with ADA and state-specific medical marijuana protections.
2. HR Policy Adjustments
Employee handbooks, hiring policies, and drug testing procedures should be revised to reflect the new classification. Organizations should:
Determine if testing for marijuana remains necessary for all positions or if it should be reserved for safety-sensitive roles.
Define clear, fair consequences for employees who test positive.
Consider reasonable accommodation requests for medical marijuana users.
3. Workplace Safety & Employee Rights
Balancing workplace safety and employee rights will be critical. Employers should:
Establish clear guidelines on workplace impairment and marijuana use.
Train managers to recognize impairment while avoiding discriminatory enforcement.
4. Risk Management Solutions
Legal disputes related to marijuana workplace policies may rise with this reclassification, as seen in past court rulings. Read about past legal cases. as past challenges have shown inconsistencies in how courts interpret workplace drug policies versus employee rights, particularly in states with medical marijuana protections. Notably, cases such as Noffsinger v. SSC Niantic Operating Company, LLC have highlighted how courts may rule in favor of employees when state laws provide protections against workplace discrimination based on medical marijuana use. HR teams can mitigate risks and stay compliant by:
Implementing clear and consistently enforced drug-free workplace policies.
Communicating policy updates transparently with employees.
Consulting legal counsel to ensure alignment with federal and state laws.
📅 Upcoming Training: Marijuana’s Move to Schedule III: What HR Needs to Know and Do

To help HR professionals navigate these changes, Join our expert-led live virtual training session to navigate these HR policy changes:
📅 Date: Monday, February 17, 2025
⏰ Time: 1:00 PM EST | 12:00 PM CST | 11:00 AM MST | 10:00 AM PST
🖥 Format: Live Virtual Training (Zoom)
🎤 Presenter: Wendy Sellers, The HR Lady®
📜 Recertification Credits: Preapproved for 1 HRCI General CEU & 1 SHRM PDC.
🎟 Early Bird Ticket: $57 (Sale ends February 10, 2025)
🎟 General Admission Ticket: $97
👥 Group Discount: 10% off for 3+ attendees (Use Code: TEAMUP at checkout)
🔍 Final Thoughts: Future-Proof Your HR Policies
The reclassification of marijuana to Schedule III is a pivotal moment for HR professionals. Adapting workplace policies, ensuring legal compliance, and addressing workplace safety concerns should be top priorities. Proactive planning and continuous education will be key to successfully managing this transition.
How is your organization preparing for this shift? Share your thoughts in the comments! Join me, Victoria Purser, and Suzanne Lucas, co-founders of HRLearns™, and our presenter, Wendy Sellers, on February 17 to ensure your organization is fully prepared.
✅ Don't wait! Ensure compliance and policy readiness today!* Don’t wait until compliance issues arise—take proactive steps now to safeguard your workforce and organization.
💬 How is your organization preparing for this shift? Share your thoughts in the comments!
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