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Medical and Recreational Marijuana Legalization Laws and Employment Claims: The State of the Law and Litigating Employment Cases After the DOJ’s Recent Rescheduling Efforts

The DOJ’s April 2026 order rescheduled medical marijuana to Schedule III, the most meaningful federal drug policy change in decades. Learn how state legalization laws, drug testing rules, and accommodation duties now interact, and take away practical tools for litigating workplace marijuana claims.

2026-08-24 13:00:00

Program Details

2026-08-24 13:00:00

2026-08-24 13:00:00

2h CLE Credits

2026-08-24 13:00:00

Program Details

2026-08-24 13:00:00

Program Details

2026-08-24 13:00:00

Over 1,000+ webinars

2026-08-24 13:00:00

Course Overview

The most meaningful federal drug policy change in decades is now every employment lawyer’s problem

2026-08-24 13:00:00

For years, the patchwork of differing state medical and recreational marijuana laws created confusion for employers and claims for employees. In April 2026, the Department of Justice rescheduled medical marijuana from Schedule I to Schedule III of the Controlled Substances Act. An already difficult topic became more complex overnight.

Test under the wrong state framework, and a statutory claim follows. Deny an accommodation without analysis, and a disability claim follows. Discipline lawful off-duty use, and litigation follows. DOT regulations, workplace safety duties, and workers’ compensation rules add federal and state pressure from every side.

This program delivers “Marijuana in the Workplace 101” for practitioners on both sides. Attendees leave able to identify the governing law, evaluate claims and defenses, and guide policy development. The practical tools come from counsel who has litigated these cases, not from a doctrine outline.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
State Marijuana Laws
How the patchwork of state medical and recreational legalization statutes constrains employer testing and discipline decisions.
02
Marijuana Employment Claims
How statutory violation, disability, and off-duty conduct claims are built and defended after rescheduling.
03
Drug Testing Frameworks
How state drug test laws and federal rules, including DOT regulations, interact with marijuana protections.
04
Rescheduling Impact
What the DOJ’s April 2026 Schedule III order changes for employers, and what it leaves in place.
05
Safety and Workers’ Compensation
How workplace safety and workers’ compensation considerations shape marijuana policies and litigation positions.
06
Policies and Accommodations
How to develop marijuana policies and analyze disability accommodation requests that withstand challenge

Program schedule

clock 1:00 pm - 2:00 pm EST

State Marijuana Laws and Employment Claims

This session examines the patchwork of state medical and recreational marijuana legalization laws and the employment claims they generate. Attorneys will review where state statutes protect marijuana users, how those protections interact with state drug test laws, and the claim theories employees assert, including statutory violation, disability, and off-duty conduct claims. Attendees will leave able to identify which state frameworks govern a given workplace dispute and how those frameworks shape both the employee’s claims and the employer’s exposure.

M. Tae PhillipsM. Tae Phillips
clock 2:10 pm - 3:10 pm EST

Federal Laws, Rescheduling Impact, and Workplace Policies

This session turns to the federal side and its practical consequences for workplace policy. Attorneys will assess the DOJ’s April 2026 order rescheduling medical marijuana from Schedule I to Schedule III of the Controlled Substances Act, the federal laws and regulations that still apply, including DOT regulations, and the workplace safety and workers’ compensation considerations that follow. The session closes with policy development and disability accommodation guidance, giving attendees practical tools to advise employers and litigate marijuana-related employment disputes after rescheduling.

M. Tae PhillipsM. Tae Phillips
M. Tae Phillips

M. Tae Phillips

Ogletree Deakins

M. Tae Phillips

M. Tae Phillips

Ogletree Deakins

Tae Phillips is a nationally recognized subject matter expert and thought leader in workplace marijuana issues. Tae is a Shareholder with Ogletree Deakins – an international labor and employment law firm – and is the Co-Chair of Ogletree’s Drug Testing Practice Group. Tae has handled numerous workplace marijuana cases including one of the most landmark pieces of litigation involving medical marijuana issues. He regularly speaks to clients on these issues, and is a frequent speaker to attorneys, trade groups, Human Resource professionals, and others on the topic.

Education & Credentials

Tae graduated cum laude from the University of Montevallo in 2006 and earned his law degree from the University of Alabama School of Law in 2009, where he served on the Alabama Law Review. Before joining Ogletree Deakins, he practiced general civil litigation in Mobile, Alabama.

Recognition & Leadership

Tae has been named a Client Service All Star by BTI Consulting in recognition of his commitment to client service. His peers have selected him for inclusion in The Best Lawyers in America, and he holds an AV Preeminent rating from Martindale-Hubbell. Alabama and Mid-South Super Lawyers and the Birmingham Business Journal have recognized him as a Rising Star. He serves as co-chair of Ogletree’s Drug Testing Practice Group.

Professional Involvement

Tae is an active member of the National Asian Pacific American Bar Association, where he previously served on the board and remains involved in advancing the interests of its members. He formerly served as co-chair of Ogletree’s employee resource group for Asian and South Asian attorneys and employees. Within the firm, he mentors younger attorneys and serves on his office’s recruiting committee.

Experience

Tae counsels employers across the country on medical and recreational marijuana legalization laws and drug and alcohol testing issues and has handled high-profile litigation in this area. He is a veteran litigator who represents clients before federal and state courts, arbitrators, and administrative agencies in employment claims of all types. His practice also covers non-compete, non-solicit, trade secret, and other restrictive covenant disputes, and he has handled workplace investigations involving sensitive issues and matters drawing board-level scrutiny. He serves as relationship partner to a portfolio of public and private companies with national, multistate, regional, and international operations.
M. Tae Phillips

M. Tae Phillips

Ogletree Deakins

Tae Phillips is a nationally recognized subject matter expert and thought leader in workplace marijuana issues. Tae is a Shareholder with Ogletree Deakins – an international labor and employment law firm – and is the Co-Chair of Ogletree’s Drug Testing Practice Group. Tae has handled numerous workplace marijuana cases including one of the most landmark pieces of litigation involving medical marijuana issues. He regularly speaks to clients on these issues, and is a frequent speaker to attorneys, trade groups, Human Resource professionals, and others on the topic.

Education & Credentials

Tae graduated cum laude from the University of Montevallo in 2006 and earned his law degree from the University of Alabama School of Law in 2009, where he served on the Alabama Law Review. Before joining Ogletree Deakins, he practiced general civil litigation in Mobile, Alabama.

Recognition & Leadership

Tae has been named a Client Service All Star by BTI Consulting in recognition of his commitment to client service. His peers have selected him for inclusion in The Best Lawyers in America, and he holds an AV Preeminent rating from Martindale-Hubbell. Alabama and Mid-South Super Lawyers and the Birmingham Business Journal have recognized him as a Rising Star. He serves as co-chair of Ogletree’s Drug Testing Practice Group.

Professional Involvement

Tae is an active member of the National Asian Pacific American Bar Association, where he previously served on the board and remains involved in advancing the interests of its members. He formerly served as co-chair of Ogletree’s employee resource group for Asian and South Asian attorneys and employees. Within the firm, he mentors younger attorneys and serves on his office’s recruiting committee.

Experience

Tae counsels employers across the country on medical and recreational marijuana legalization laws and drug and alcohol testing issues and has handled high-profile litigation in this area. He is a veteran litigator who represents clients before federal and state courts, arbitrators, and administrative agencies in employment claims of all types. His practice also covers non-compete, non-solicit, trade secret, and other restrictive covenant disputes, and he has handled workplace investigations involving sensitive issues and matters drawing board-level scrutiny. He serves as relationship partner to a portfolio of public and private companies with national, multistate, regional, and international operations.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.4
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Pending
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs