In this podcast, Tae Phillips (Birmingham) sits down with Jennifer Pacicco (Philadelphia), Andrew Halverson (Lafayette/New Orleans), and Dennis Gardner (Houston) to examine President Trump’s December 2025 executive order directing the potential rescheduling of marijuana from Schedule I to Schedule III under the Controlled Substances Act. The speakers cover what this change would—and would not—mean for employers, explaining that while state-specific marijuana legalization laws and employment protections would remain unchanged, DOT-regulated employers may see shifts in testing protocols and compliance requirements if rescheduling occurs. The speakers also address the current regulatory landscape, including the DOT’s absolute prohibition on marijuana use for safety-sensitive employees and the uncertainties surrounding how federal agencies might adapt their rules in response to rescheduling.

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Ogletree Deakins understands that employers face complex and nuanced issues when implementing and enforcing drug and alcohol testing and substance abuse policies. Drawing on decades of experience advising and defending drug testing laboratories, and public and private employers across the country and internationally, our attorneys provide highly responsive legal service

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