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Trump’s Marijuana Rescheduling Order: What the Giambrone Case Taught Us About What Florida Employers Face Next
Remember Angelo Giambrone, the Hillsborough County firefighter whose medical marijuana case I wrote about? That litigation became more relevant this week. On December 18, 2025, President Trump signed an executive order directing the Attorney General to reschedule marijuana from Schedule I to Schedule III under the Controlled Substances Act.
After three decades representing Florida businesses in workplace drug disputes, I’m fielding calls from employers asking: “Does this mean we have to accommodate employees who use marijuana?”
Not yet. But the landscape shifted, and companies that don’t prepare now will face problems later.
What the Executive Order Does
President Trump’s executive order does not legalize marijuana. It doesn’t reschedule marijuana by itself. It directs the Department of Justice to expedite the rulemaking process already underway.
The DEA proposed moving marijuana to Schedule III in May 2024, following a 2023 recommendation from the Department of Health and Human Services. That proposal has been stuck in administrative proceedings. Trump’s order pushes those agencies to finish.
Schedule III drugs include ketamine, Tylenol with codeine, and anabolic steroids. They have accepted medical use with moderate to low potential for dependence. This represents federal acknowledgment that marijuana has legitimate medical applications—which changes the legal debate in the Giambrone case.
Why the Giambrone Case Predicted This Moment
When I wrote about Giambrone’s case, the trial court had ruled in his favor, accepting his argument that disability accommodation laws protected his daily marijuana use for medical conditions. Hillsborough County appealed, and I explained why they were right to fight that decision.
The county’s main argument relied on the fact that marijuana remained illegal under federal law. As a Schedule I drug, marijuana had “no accepted medical use” according to federal classification. That federal illegality gave employers solid legal ground to refuse accommodation requests.
Schedule III rescheduling pulls that rug out from under traditional employer defenses. If the federal government officially recognizes marijuana’s medical use, courts will take a harder look at whether employers must accommodate medical marijuana users under disability laws like the Americans with Disabilities Act.
This doesn’t mean employers automatically lose. But it means the legal analysis became more complex.
The Reality: Cannabis Is Already in Your Workplace
Over six million registered medical cannabis patients are already going to work every day. Rescheduling doesn’t introduce marijuana to the workplace—it changes how we legally address what’s already happening.
Employers need policies that deal with reality, not hypotheticals. The question isn’t whether employees will use cannabis for medical reasons. The question is how your company will handle it when federal law recognizes marijuana’s medical legitimacy.
Three Critical Changes Florida Employers Must Understand
- The ADA Accommodation Question Gets Complicated
Previously, courts consistently rejected ADA claims involving marijuana use because the ADA specifically excludes illegal drug use from protection. Since marijuana was federally illegal, case closed.
Schedule III changes that calculus. While marijuana will still be a controlled substance requiring FDA approval and prescriptions for legal medical use, employees will argue that state medical marijuana programs should qualify for accommodation under disability laws.
Some states already require employers to accommodate off-duty medical marijuana use. Florida isn’t one of them yet. But rescheduling will encourage more accommodation claims and could influence how Florida courts interpret existing disability laws.
- Safety-Sensitive Positions Face Unique Challenges
The Giambrone case involved a firefighter-paramedic, a safety-sensitive position. This distinction remains crucial even after rescheduling.
Employers in healthcare, transportation, manufacturing, and construction still have strong grounds to maintain strict drug-free policies for positions that involve:
- Operating vehicles or heavy machinery
- Making split-second decisions affecting others’ safety
- Handling hazardous materials
- Direct patient care
- Public safety responsibilities
Research supports caution in safety-sensitive roles. A study published in JAMA Health Forum found increased workplace injuries among young workers following recreational marijuana legalization. This data reinforces why employers must maintain heightened scrutiny for positions where impairment creates genuine safety risks.
The Shift to Impairment-Based Policies
Rescheduling will push workplaces toward impairment-based policies rather than blanket prohibitions, similar to how companies currently handle prescription medications like antidepressants or anxiety medications. As one medical cannabis expert noted in a recent Forbes article, the approach mirrors alcohol policies: the substance may be legal, but impairment at work remains prohibited.
This shift requires new thinking about workplace drug policies. Instead of automatic termination for any positive marijuana test, employers need policies that distinguish between:
- Off-duty therapeutic use that doesn’t affect work performance
- Use that creates actual workplace impairment
- Positions where any marijuana use creates unacceptable safety risks
The challenge? Current drug tests can’t determine whether someone is impaired now or used marijuana days or weeks ago. This testing limitation makes clear policies and supervisor training critical.
- Department of Transportation Regulations Need Clarification
Current DOT rules only authorize drug testing for Schedule I and Schedule II substances. If marijuana moves to Schedule III, the legal authority for DOT testing may disappear unless Congress or the agencies create specific carve-outs for marijuana.
Transportation Secretary Sean Duffy’s office has stated that marijuana prohibitions remain in effect for DOT-regulated positions, but employers need explicit regulatory guidance to maintain their programs. The National Transportation Safety Board has cautioned that rescheduling “would, upon becoming effective, immediately prohibit continued testing of safety-sensitive transportation employees for marijuana use” under current regulations.
This creates urgent uncertainty for trucking companies, airlines, transit systems, and other transportation employers. Without regulatory carve-outs, these companies may lose their legal authority to test for marijuana even though the safety concerns remain unchanged.
- Federal Contractors Still Face Stricter Requirements
The Drug-Free Workplace Act applies to federal contractors regardless of marijuana’s scheduling. These employers must maintain substance abuse policies that comply with federal contract requirements.
Rescheduling doesn’t eliminate federal contractors’ obligations to maintain drug-free workplaces. However, it may change how those policies are interpreted and enforced, particularly regarding whether medical marijuana use counts as “illegal drug use” under federal regulations.
What Smart Florida Employers Should Do Right Now
Don’t wait for the DEA to complete the rescheduling process. That could take months, and you need your policies ready before, not after, the change takes effect.
Update Your Drug-Free Workplace Policy Immediately
Your policy should specifically address medical marijuana, not just “illegal drugs.” Include clear language about:
- Whether and under what circumstances medical marijuana use will be accommodated
- How safety-sensitive positions are defined and treated differently
- Your company’s position on impairment at work versus off-duty use
- The interactive process for accommodation requests
- Federal contractor obligations if applicable
Your policy should explain that accommodation requests will be evaluated individually, considering job duties, safety concerns, and operational needs.
Train Supervisors on the New Legal Landscape
Managers need to understand that an employee’s medical marijuana card doesn’t automatically require accommodation. But supervisors also shouldn’t automatically reject accommodation requests without proper evaluation.
Training should focus on:
- Recognizing signs of impairment rather than assuming someone is impaired
- Following proper procedures for handling accommodation requests
- Documenting job-related performance and safety concerns
- Understanding the difference between safety-sensitive and non-safety positions
Prepare for the Interactive Process
When an employee requests accommodation for medical marijuana use, employers must engage in an interactive dialogue to determine whether reasonable accommodation is possible. This means:
- Reviewing the employee’s specific job duties and safety requirements
- Considering whether off-duty use poses any workplace safety risks
- Evaluating whether alternative positions might be available
- Documenting the accommodation analysis thoroughly
Consider Position-Specific Policies
Not all jobs carry the same risks. A truck driver and an office administrator present different safety concerns. Your policies can reflect these distinctions while maintaining compliance with applicable laws.
For non-safety positions, consider whether you’ll adopt a policy similar to how you treat alcohol: prohibited at work and during work hours, but tolerated off duty as long as the employee isn’t impaired when working.
The Florida-Specific Context Matters
Florida’s medical marijuana law specifically states it doesn’t require employers to accommodate marijuana use. That statutory language remains in effect. Rescheduling will influence how courts interpret Florida disability laws in light of federal recognition of marijuana’s medical uses.
The Second District Court of Appeal’s decision in the Giambrone case, when it finally comes, will provide critical guidance for Florida employers. If the court upholds the termination, employers get stronger footing to maintain strict policies. If the court affirms the trial judge’s accommodation ruling, the pressure to accommodate will increase significantly.
Either way, rescheduling makes these cases more complicated and harder to win.
Federal Guidance to Watch
Monitor announcements from:
- The Drug Enforcement Administration on the final rescheduling rule
- The Department of Transportation on marijuana testing regulations
- The Department of Health and Human Services on testing guidelines
- The Equal Employment Opportunity Commission on ADA interpretations
- The Office of Federal Contract Compliance Programs on contractor obligations
These agencies must issue guidance clarifying how rescheduling affects workplace policies and employer obligations.
NOTE, this is one of the policy changes that is unlikely to change if a different party wins the presidency. Do not bank on the next president rolling this back!
The Takeaway: Prepare Now, Don’t Wait
President Trump’s executive order doesn’t create immediate legal changes for employers. But it sets in motion a process that will alter how courts and agencies analyze workplace marijuana issues.
The Giambrone case showed that even straightforward situations—a safety-sensitive employee failing a drug test—can become complex legal battles when medical marijuana is involved. Rescheduling makes these disputes more likely and harder to resolve in employers’ favor.
Florida businesses can’t afford to wait until rescheduling is finalized to update their policies. By then, you might already be defending a lawsuit or handling an accommodation request without the proper policies in place.
Companies that take action now—reviewing policies and training supervisors before rescheduling becomes final—can handle the challenges ahead. Those that wait will scramble to respond to situations they should have anticipated.
Get Ahead of These Changes
Every business faces different risks based on industry, workforce, and operations. Manufacturing companies with heavy machinery have different concerns than professional service firms. Transportation companies face DOT regulations that office-based businesses don’t.
The combination of marijuana rescheduling and evolving state laws creates a complex legal environment. Standard policies won’t protect your business.
Get the Strategic Guidance You Need
Don’t let your company become the next Giambrone case. Call me at Kelley Kronenberg to discuss how marijuana rescheduling impacts your workplace policies and what steps you should take now to protect your business interests.
Remember Angelo Giambrone, the Hillsborough County firefighter whose medical marijuana case I wrote about? That litigation became more relevant this week. On December 18, 2025, President Trump signed an executive order directing the Attorney General to reschedule marijuana from Schedule I to Schedule III under the Controlled Substances Act.
After three decades representing Florida businesses in workplace drug disputes, I’m fielding calls from employers asking: “Does this mean we have to accommodate employees who use marijuana?”
Not yet. But the landscape shifted, and companies that don’t prepare now will face problems later.
What the Executive Order Does
President Trump’s executive order does not legalize marijuana. It doesn’t reschedule marijuana by itself. It directs the Department of Justice to expedite the rulemaking process already underway.
The DEA proposed moving marijuana to Schedule III in May 2024, following a 2023 recommendation from the Department of Health and Human Services. That proposal has been stuck in administrative proceedings. Trump’s order pushes those agencies to finish.
Schedule III drugs include ketamine, Tylenol with codeine, and anabolic steroids. They have accepted medical use with moderate to low potential for dependence. This represents federal acknowledgment that marijuana has legitimate medical applications—which changes the legal debate in the Giambrone case.
Why the Giambrone Case Predicted This Moment
When I wrote about Giambrone’s case, the trial court had ruled in his favor, accepting his argument that disability accommodation laws protected his daily marijuana use for medical conditions. Hillsborough County appealed, and I explained why they were right to fight that decision.
The county’s main argument relied on the fact that marijuana remained illegal under federal law. As a Schedule I drug, marijuana had “no accepted medical use” according to federal classification. That federal illegality gave employers solid legal ground to refuse accommodation requests.
Schedule III rescheduling pulls that rug out from under traditional employer defenses. If the federal government officially recognizes marijuana’s medical use, courts will take a harder look at whether employers must accommodate medical marijuana users under disability laws like the Americans with Disabilities Act.
This doesn’t mean employers automatically lose. But it means the legal analysis became more complex.
The Reality: Cannabis Is Already in Your Workplace
Over six million registered medical cannabis patients are already going to work every day. Rescheduling doesn’t introduce marijuana to the workplace—it changes how we legally address what’s already happening.
Employers need policies that deal with reality, not hypotheticals. The question isn’t whether employees will use cannabis for medical reasons. The question is how your company will handle it when federal law recognizes marijuana’s medical legitimacy.
Three Critical Changes Florida Employers Must Understand
- The ADA Accommodation Question Gets Complicated
Previously, courts consistently rejected ADA claims involving marijuana use because the ADA specifically excludes illegal drug use from protection. Since marijuana was federally illegal, case closed.
Schedule III changes that calculus. While marijuana will still be a controlled substance requiring FDA approval and prescriptions for legal medical use, employees will argue that state medical marijuana programs should qualify for accommodation under disability laws.
Some states already require employers to accommodate off-duty medical marijuana use. Florida isn’t one of them yet. But rescheduling will encourage more accommodation claims and could influence how Florida courts interpret existing disability laws.
- Safety-Sensitive Positions Face Unique Challenges
The Giambrone case involved a firefighter-paramedic, a safety-sensitive position. This distinction remains crucial even after rescheduling.
Employers in healthcare, transportation, manufacturing, and construction still have strong grounds to maintain strict drug-free policies for positions that involve:
- Operating vehicles or heavy machinery
- Making split-second decisions affecting others’ safety
- Handling hazardous materials
- Direct patient care
- Public safety responsibilities
Research supports caution in safety-sensitive roles. A study published in JAMA Health Forum found increased workplace injuries among young workers following recreational marijuana legalization. This data reinforces why employers must maintain heightened scrutiny for positions where impairment creates genuine safety risks.
The Shift to Impairment-Based Policies
Rescheduling will push workplaces toward impairment-based policies rather than blanket prohibitions, similar to how companies currently handle prescription medications like antidepressants or anxiety medications. As one medical cannabis expert noted in a recent Forbes article, the approach mirrors alcohol policies: the substance may be legal, but impairment at work remains prohibited.
This shift requires new thinking about workplace drug policies. Instead of automatic termination for any positive marijuana test, employers need policies that distinguish between:
- Off-duty therapeutic use that doesn’t affect work performance
- Use that creates actual workplace impairment
- Positions where any marijuana use creates unacceptable safety risks
The challenge? Current drug tests can’t determine whether someone is impaired now or used marijuana days or weeks ago. This testing limitation makes clear policies and supervisor training critical.
- Department of Transportation Regulations Need Clarification
Current DOT rules only authorize drug testing for Schedule I and Schedule II substances. If marijuana moves to Schedule III, the legal authority for DOT testing may disappear unless Congress or the agencies create specific carve-outs for marijuana.
Transportation Secretary Sean Duffy’s office has stated that marijuana prohibitions remain in effect for DOT-regulated positions, but employers need explicit regulatory guidance to maintain their programs. The National Transportation Safety Board has cautioned that rescheduling “would, upon becoming effective, immediately prohibit continued testing of safety-sensitive transportation employees for marijuana use” under current regulations.
This creates urgent uncertainty for trucking companies, airlines, transit systems, and other transportation employers. Without regulatory carve-outs, these companies may lose their legal authority to test for marijuana even though the safety concerns remain unchanged.
- Federal Contractors Still Face Stricter Requirements
The Drug-Free Workplace Act applies to federal contractors regardless of marijuana’s scheduling. These employers must maintain substance abuse policies that comply with federal contract requirements.
Rescheduling doesn’t eliminate federal contractors’ obligations to maintain drug-free workplaces. However, it may change how those policies are interpreted and enforced, particularly regarding whether medical marijuana use counts as “illegal drug use” under federal regulations.
What Smart Florida Employers Should Do Right Now
Don’t wait for the DEA to complete the rescheduling process. That could take months, and you need your policies ready before, not after, the change takes effect.
Update Your Drug-Free Workplace Policy Immediately
Your policy should specifically address medical marijuana, not just “illegal drugs.” Include clear language about:
- Whether and under what circumstances medical marijuana use will be accommodated
- How safety-sensitive positions are defined and treated differently
- Your company’s position on impairment at work versus off-duty use
- The interactive process for accommodation requests
- Federal contractor obligations if applicable
Your policy should explain that accommodation requests will be evaluated individually, considering job duties, safety concerns, and operational needs.
Train Supervisors on the New Legal Landscape
Managers need to understand that an employee’s medical marijuana card doesn’t automatically require accommodation. But supervisors also shouldn’t automatically reject accommodation requests without proper evaluation.
Training should focus on:
- Recognizing signs of impairment rather than assuming someone is impaired
- Following proper procedures for handling accommodation requests
- Documenting job-related performance and safety concerns
- Understanding the difference between safety-sensitive and non-safety positions
Prepare for the Interactive Process
When an employee requests accommodation for medical marijuana use, employers must engage in an interactive dialogue to determine whether reasonable accommodation is possible. This means:
- Reviewing the employee’s specific job duties and safety requirements
- Considering whether off-duty use poses any workplace safety risks
- Evaluating whether alternative positions might be available
- Documenting the accommodation analysis thoroughly
Consider Position-Specific Policies
Not all jobs carry the same risks. A truck driver and an office administrator present different safety concerns. Your policies can reflect these distinctions while maintaining compliance with applicable laws.
For non-safety positions, consider whether you’ll adopt a policy similar to how you treat alcohol: prohibited at work and during work hours, but tolerated off duty as long as the employee isn’t impaired when working.
The Florida-Specific Context Matters
Florida’s medical marijuana law specifically states it doesn’t require employers to accommodate marijuana use. That statutory language remains in effect. Rescheduling will influence how courts interpret Florida disability laws in light of federal recognition of marijuana’s medical uses.
The Second District Court of Appeal’s decision in the Giambrone case, when it finally comes, will provide critical guidance for Florida employers. If the court upholds the termination, employers get stronger footing to maintain strict policies. If the court affirms the trial judge’s accommodation ruling, the pressure to accommodate will increase significantly.
Either way, rescheduling makes these cases more complicated and harder to win.
Federal Guidance to Watch
Monitor announcements from:
- The Drug Enforcement Administration on the final rescheduling rule
- The Department of Transportation on marijuana testing regulations
- The Department of Health and Human Services on testing guidelines
- The Equal Employment Opportunity Commission on ADA interpretations
- The Office of Federal Contract Compliance Programs on contractor obligations
These agencies must issue guidance clarifying how rescheduling affects workplace policies and employer obligations.
NOTE, this is one of the policy changes that is unlikely to change if a different party wins the presidency. Do not bank on the next president rolling this back!
The Takeaway: Prepare Now, Don’t Wait
President Trump’s executive order doesn’t create immediate legal changes for employers. But it sets in motion a process that will alter how courts and agencies analyze workplace marijuana issues.
The Giambrone case showed that even straightforward situations—a safety-sensitive employee failing a drug test—can become complex legal battles when medical marijuana is involved. Rescheduling makes these disputes more likely and harder to resolve in employers’ favor.
Florida businesses can’t afford to wait until rescheduling is finalized to update their policies. By then, you might already be defending a lawsuit or handling an accommodation request without the proper policies in place.
Companies that take action now—reviewing policies and training supervisors before rescheduling becomes final—can handle the challenges ahead. Those that wait will scramble to respond to situations they should have anticipated.
Get Ahead of These Changes
Every business faces different risks based on industry, workforce, and operations. Manufacturing companies with heavy machinery have different concerns than professional service firms. Transportation companies face DOT regulations that office-based businesses don’t.
The combination of marijuana rescheduling and evolving state laws creates a complex legal environment. Standard policies won’t protect your business.
Get the Strategic Guidance You Need
Don’t let your company become the next Giambrone case. Call me at Kelley Kronenberg to discuss how marijuana rescheduling impacts your workplace policies and what steps you should take now to protect your business interests.
