The Federal Government’s Reclassification of Marijuana:
What it Means for Vermont Employers
The federal government is poised to reclassify marijuana — a move that would impact Vermont employers’ drug testing policies. This news is a great opportunity to make sure that your policies follow the law and best suit your needs.
What’s happening?
Currently, marijuana is labeled by the federal government as a Schedule I drug. Schedule I drugs are considered to have no accepted medical use under federal law and include substances such as heroin, LSD, MDMA, and fentanyl. In 2024, the federal government proposed moving marijuana from a Schedule I to a Schedule III drug. Schedule III drugs include drugs commonly used for medical treatments such as Tylenol with codeine, anabolic steroids, and testosterone. In December 2025, the Trump Administration issued an executive order which aims to expedite its proposed reclassification of marijuana in order to “close the gap between current medical marijuana and CBD use and medical knowledge of [its] risks and benefits.” As Gravel & Shea’s own Kate Burke wrote, “that designation would represent a huge shift in drug policy over the past 50 years.”
How does this impact Vermont law?
Vermont law currently allows employers to institute drug testing policies under strict protocols. The law defines a “drug” which may be tested for by an employer as any “listed or classified by the [DEA] as a Schedule I drug” or any other drugs that “are likely to cause impairment of the individual on the job” including “cannabinoids.” This means that, even if the federal government reschedules marijuana, Vermont employers may still test for it if the employer suspects that an employee is under the influence while on the job.
How should employers prepare?
It will still take some time for the federal government to finalize the reclassification. However, as Vermont law requires employers to comply with specific requirements for written policies concerning drug testing, the reclassification of marijuana may impact the efficacy of policies which simply state that an employer will test for the presence of “Schedule I drugs.” Vermont employers should use this time to review their policies related to drug and alcohol use and consider the right strategy for their business and organizational goals. Employers now have an opportunity to assess their policies for applicant and employee drug testing and, more importantly, determine whether their policies comply with Vermont law. Remember! Employers do not need a drug testing policy to discipline employees if they appear to be impaired or under the influence at work.
Our team at Gravel & Shea have helped companies and organizations throughout the state institute lawful drug testing policies and are ready to help you decide the best path forward for your team.
Please contact Heather Hammond (hhammond@gravelshea.com) or Chris M. Bohórquez (cbohorquez@gravelshea.com) at Gravel & Shea PC if you have questions or would like assistance.
