On April 22, 2026, the U.S. Department of Justice (DOJ) issued an order reclassifying certain marijuana products from Schedule I drugs to Schedule III drugs under the Controlled Substances Act (CSA). Prior to this order, all marijuana-related products were classified as Schedule I drugs under the CSA, which have no accepted medical use and high potential for abuse. Schedule III drugs generally have acceptable medical benefits with a doctor’s prescription and moderate potential for abuse or dependence. The DOJ has now reclassified two categories of marijuana-related products as Schedule III:
Marijuana-based drug products approved by the FDA; and
Marijuana products that are regulated by a state medical marijuana license.
The April 2026 order also directed the Drug Enforcement Administration (DEA) to conduct an expedited hearing to consider rescheduling other, broader categories of marijuana products from Schedule I to Schedule III. But as it stands, medical marijuana is the only reclassified category that is relevant to schools. In other words, all other marijuana products, including recreational marijuana, are still considered a Schedule I controlled substance and illegal under federal law.
This new classification of medical marijuana has implications for school districts from an employer perspective and from the perspective of supporting students with disabilities.
Employees
Districts should continue to distinguish between medical and non-medical marijuana use when addressing workplace issues, accommodations, and prohibitions. The DOJ order does not regulate workplace policies, and districts must remain drug-free under state and federal law. District should continue to prohibit marijuana use, possession, and impairment during work hours.
Disability Accommodations
Under the Americans with Disabilities Act (ADA), an “individual with a disability” does not include an individual who engages in the “illegal” use of drugs. The ADA has not been amended, but the April DOJ Order would opens an avenue for employees to challenge the denial of medical marijuana use as a reasonable accommodation.
Prior to the April DOJ Order, districts could categorically deny accommodation requests for medical marijuana use. Districts should anticipate a possible increase in accommodation requests tied to medical marijuana use and should address those requests through the interactive process, including considering safety issues, operational concerns, and performance of essential job duties. Districts should also consider how other Schedule III medications are treated as disability accommodations.
Drug Testing
The April DOJ Order does not affect workplace policies that prohibit marijuana use, possession, and impairment during work, nor does it prohibit districts from conducting drug testing subject to state and local law. Districts can continue to drug test employees, but should be wary of strict, zero-tolerance policies that may apply to off-duty medical marijuana use.
Districts should review and update any Board policies to ensure that drug testing procedures account for medical marijuana use and distinguish between prohibited on-the-job impairment, and lawful, off-duty use.
Bus Drivers
School bus drivers are subject to federal drug and alcohol testing programs, including the Department of Transportation (DOT) regulations. DOT regulations remain in effect with no updated guidance from DOT. Districts should continue to drug test and enforce existing prohibitions on marijuana use for any DOT-regulated employees.
Students
Minors under 18 years old may qualify to use medical marijuana if a physician prescribes it for a recognized condition and a parent/guardian registers as a designated caregiver. A caregiver is the only person who can register, purchase, and administer medical marijuana to a prescribed minor.
District personnel should never administer marijuana to students. Instead, districts may consider allowing students to meet a caregiver off school grounds for administration of the drug, if necessary. Students and caregivers should not be permitted to bring marijuana on campus. Districts should review Board policies regarding administering medications and ensure that district personnel are properly informed of procedures.
If a student is prescribed medical marijuana for a disability-related need, 504 and IEP teams should discuss the potential impacts on the student, including academic performance, missing assignments, attendance, and the like.
Districts are encouraged to consult with legal counsel regarding any employee or student marijuana use issues.