Last updated : July 14, 2025
When the Drug Enforcement Administration (DEA) proposed rescheduling marijuana from a Schedule 1 on its Controlled Substances List to a Schedule 3, a public comment period was announced as well. That period ends on Monday evening, July 22, 2024. So far, the DEA has to comb through 33,000 comments. That is in addition to those likely to pour in over the weekend.
Marijuana legalization remains a hot topic on both sides of the fence. It’s not too late to get your thoughts logged.
What’s the difference?
Drugs categorized as a Schedule 1 on the DEA’s list of controlled substances are deemed to have no beneficial medical use and a high potential for abuse. Now that medical marijuana is allowed in so many states, accompanied by current studies of the proclaimed medical benefits, the DEA is considering changing its stance.
Schedule 3 drugs are deemed to have a lesser potential for abuse and accepted medical uses.
Public support seems positive
According to the Department of Health and Human Services, marijuana has been proven to be medically beneficial with a much lower potential for abuse in comparison to other illicit drugs, such as heroin, methamphetamine, and cocaine. The Department of Justice was the first to publish these findings along with the suggestion to reschedule the drug back in May of this year.
It seems as if the public largely supports the change because approximately 75.9% of feedback favors rescheduling. Comments emphasize the therapeutic benefits of marijuana and state that the current federal policies are outdated and no longer align with current scientific evidence or state-level legalization.
We’ll share too that a minority of comments argue that marijuana should be declassified entirely as even at a Schedule 3, the federal government is still imposing unnecessary federal restrictions.
Where does that leave employers?
Over the past few years, 24 states have legalized recreational marijuana use for adult residents. However, as long as the federal government classifies it as an illegal substance, employers have every right to keep marijuana on the company’s drug test.
Some may wonder if they can keep testing employees for the drug if the change occurs.
In short, the answer is yes, you can. As long as marijuana is on the DEA controlled substances list in any form, it is considered an illegal substance. Employers have every right to choose to stand with the federal government on the matter with no fear of recompense.
The main reason that employers drug test their employees is for safety’s sake. It’s a proven fact that workplace accidents decrease after a company takes a drug-free workplace stance. First and foremost, it deters people who use drugs from even bothering to apply for a position. That’s huge in its own right!
It’s good for your business overall
In addition to being a strong deterrent and fewer onsite accidents, other positive benefits include:
- Protects the safety of customers and employees
- Prevents property damage
- Reduces company liability
- Saves the company costs related to injuries or company damage
- Helps maintain workplace efficiency
- Increases overall productivity
- Lower turnover
Another huge benefit to employee drug testing? It positively affects the company’s work culture. And understandably so! Workplaces that are affected by drug use put a negative spin on company morale. People know when someone is showing signs of drug use. If their concerns aren’t addressed, turnover may be likened to a revolving door.
Not only are drug users known to jump from job to job due to either their addiction or fear of being found out, but employees who don’t use drugs are likely to move on as well. No one should be subjected to the constant worry about the “what ifs” of working next to someone who may be high on the job. Especially, if that job involves physical labor or operating machinery!
Drugs have no place there
Employee drug testing needs no more defense than keeping your employees safe. Methamphetamines, heroin, cocaine, and all the rest are dangerous! Not only for the user but for anyone who is working nearby.
People who use drugs aren’t thinking clearly. Their motor skills are often affected as well. Both of these facts point— literally—in the direction of accidents waiting to happen.
No one should have to fear going to work one day and winding up in the hospital—or worse, never coming home at all.
And if marijuana ever gets removed entirely
Should the DEA ever push to have marijuana completely removed from the Controlled Substances List, employers would still have every right to test for it. Being impaired mentally and physically—pot smokers are known to be a bit clumsy from time to time after all—at work put others at risk. That’s not acceptable no matter what list marijuana is or isn’t on.
Alcohol isn’t a controlled substance but employers test for it.
Enough said.
