Marijuana Legalization: What Employers Need to Know in 2026
With marijuana laws evolving rapidly across the United States, employers face new challenges when it comes to THC drug testing, workplace policies, and compliance. While many states have legalized cannabis for medical and recreational use, federal marijuana policy has remained largely unchanged — until now. Recent developments in 2025 suggest that could be about to change.
At Heartland Mobile Testing Services, we work with employers across the Kansas City Metro and the Midwest every day to help them navigate these complex rules and build effective, compliant workplace drug testing programs.
Federal Policy Shake-Up: Potential Marijuana Reclassification
In December 2025, U.S. President Donald Trump publicly acknowledged that his administration is considering reclassifying marijuana so it is treated as a less dangerous drug under federal law. Currently, marijuana is classified as a Schedule I substance under the Controlled Substances Act — the same category as heroin and LSD — meaning it’s considered to have no accepted medical use and a high potential for abuse. Medical Xpress+1
Trump’s administration is reportedly exploring an executive order or directive that would push the U.S. Department of Justice (DOJ) and the Drug Enforcement Administration (DEA) to reclassify marijuana to Schedule III — similar to drugs such as ketamine or anabolic steroids. Medical Xpress
This potential change would not immediately legalize marijuana nationwide, but it could:
Reduce federal barriers to research on cannabis
Change how marijuana is regulated and taxed
Potentially make federal policy more aligned with the broader landscape of state legalization PBS
Importantly: No final decision has been made yet, and the rescheduling process requires review and action by federal agencies, including the DEA. Reuters
What This Means for Employers
1. States vs. Federal Law — Know the Difference
Even if federal law changes, marijuana could still be illegal under federal statute or in certain states. Around two dozen states have already legalized recreational cannabis, and many more allow medical use — but state laws vary widely on employer rights and discrimination protections. Verified First
What this means for employers:
Marijuana laws vary by state — some restrict pre-employment THC testing, others allow it only in safety-sensitive jobs, and a few have no restrictions at all. Verified First
Federal classification changes could influence future employer protections and guidelines, but existing state laws remain crucial right now.
2. THC Testing and Workplace Policies Still Matter
Even in states with legalized cannabis, employers often maintain drug-free workplace policies. Clear written policies help protect safety, clarify expectations, and reduce legal risk.
When building your policy, consider:
When and how you test: pre-employment, random, post-accident, etc.
Communication: ensure employees know your THC testing rules
How to handle medical vs. recreational use
The role of THC metabolite detection vs. impairment
In some legal states, pre-employment THC tests alone cannot be used to discriminate unless impairment is shown — so policy details are essential. Hunton Andrews Kurth
3. Federal Changes Could Influence Testing Standards
A shift from Schedule I to Schedule III may not immediately change how employers test for THC, but it could alter broader legal norms and remove barriers to research and regulation. This might eventually impact things like:
What tests detect and how reliable they are
Scientific standards for impairment vs. metabolite detection
Employers’ legal expectations around cannabis use and workplace safety
If federal policy does change, employers will need to monitor updates closely to stay compliant.
Best Practices for Employers in 2026
No matter how marijuana is classified, here are steps all employers should take:
✔ Develop a Clear, Written Drug Testing Policy
Outline when testing occurs, acceptable behavior, and consequences for positive results.
✔ Stay Up-to-Date With State Laws
Rules differ widely — what’s allowed in Kansas City may be different in Nebraska or Minnesota.
✔ Educate Your Team
Transparency with HR and staff builds trust and reduces disputes.
✔ Work With Trusted Testing Partners
Third-party administrators like Heartland Mobile Testing Services ensure legally compliant collections and documentation.
How Heartland Mobile Testing Services Can Help
Our team provides accurate, professional mobile THC and drug testing services for employers across Kansas City and the Midwest. We help businesses stay compliant with evolving rules and protect their workplaces — 24/7, anywhere you need us.
📞 (913) 498-9669
✉️ info@heartlandmobiletesting.com
🌐 www.heartlandmobiletesting.com
