Marijuana Has Been Rescheduled: What It Means for Employers and What It Doesn’t

Frantz Ward Associate Ben F. Kerns joins fellow Associate and host Josh A. Friedman to explain what it actually means now that the DOJ has rescheduled marijuana, and where employers are getting the wrong idea from the headlines.

The discussion covers:

• what the April 2026 order does and doesn’t do, and why rescheduling marijuana is not the same as legalizing it,
• how the Americans with Disabilities Act applies to employees using medical cannabis,
• why Department of Transportation drug testing requirements for safety-sensitive positions remain completely unchanged, and
• what Ohio-specific implications exist for the Bureau of Workers’ Compensation drug-free workplace program, including the intoxication presumption and testing requirements tied to premium discounts.

Listen to the episode here.

Ben focuses his practice on Labor and Employment and supports employers in various employment matters, such as aiding in the defense of employers before state and federal courts and administrative agencies. He has experience defending employers against discrimination, retaliation, harassment, and other employment-related claims.

Josh focuses his practice on employer-side workers’ compensation, administrative law, and municipal law. He works closely with employers to navigate self-insured workers’ compensation claims, handling cases at both the administrative and judicial level.