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ICYMI: Michigan Business Beat | Cliff Hammond, Foster Swift, Marijuana Rescheduling & Employer Risk in 2026

Foster Swift 2nd Wednesday

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Chris Holman welcomes back Cliff Hammond, Shareholder, Foster Swift Collins & Smith PC Attorneys, Southfield and Lansing of their 5 offices across Michigan.

Watch Cliff and Chris discuss how federal marijuana rescheduling could impact drug testing, HR policy, and employer risk in 2026 in the YouTube video shared below:

Chris had several questions for Cliff in this conversation:

You have an event coming up, tell us about that? 

What does the Administration’s issued an Executive Order on marijuana cover? 

Do we know when will this Order go into effect? 

What impact could rescheduling marijuana from Schedule I to Schedule III have on businesses and drug testing? 

How does this impact employment drug testing now and how could that change if Marijuana is rescheduled? 

Does this Executive Order allow for both recreational and medical use of marijuana like we have under Michigan’s current state laws? 

How should multi-state employers navigate differences between federal reclassification and varying state marijuana laws without creating compliance gaps? 

Originally uploaded January 15, reloaded January 22nd. 

What practical steps can HR leaders and executives take in the near term to update policies, train managers, and reduce risk as this legal shift unfolds?”

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How will Marijuana Reclassification Affect Employer Reasonable Accommodation?

Selective focus of dried weed and bottles with medical cannabis lettering near doctor writing prescription Employers are facing one of the most consequential shifts on workplace drug policy in recent memory. On December 18, 2025, President Trump signed an Executive Order that reclassifies marijuana from a Schedule I to a Schedule III drug.

While this does not legalize marijuana federally, this change could significantly alter how courts and agencies evaluate ADA accommodation requests. With the federal directive to move marijuana to Schedule III, courts and enforcement agencies may reinterpret what constitutes a “reasonable accommodation”, especially for employees who are lawfully using state‑approved medical cannabis.

Learn more with the first Second Wednesday of 2026:

Check out its video:

That took place January 14, from 12:00-12:30 pm

The moderator was Rob Hamor, who welcomed municipal and employment law attorney Courtney Agrusa as they covered how to face emerging risks in 2026 and beyond, including:

What Schedule III reclassification means under federal and state law.

Why ADA accommodations may shift.

How certain drug-testing cases may be upended.

Other practical steps for employers to reduce risk.

Images courtesy of Foster Swift+

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