On April 23, 2026, the U.S. Department of Justice announced an expedited administrative hearing process to consider the reclassification of marijuana from Schedule I to Schedule III under federal law in the coming months. This latest development is only the most recent indication that there is bipartisan support for a reclassification of marijuana which may have a significant impact of law enforcement agencies across the country—particularly for the thousands of state, county, and municipal law enforcement officers who are now working in states where recreational marijuana is already legal under state law. 

The pending downgrading of marijuana by the DEA is likely to lead to a complicated set of legal questions related to law enforcement agencies’ ability to make hiring and disciplinary decisions based on off-duty marijuana use. This reclassification could pose a serious challenge to law enforcement leaders who have asserted in the past that, despite state laws that allow for legal marijuana use, law enforcement officers are still prohibited from using marijuana off-duty, in light of federal prohibitions on the possession of a firearm by marijuana users.

In this webinar, Attorney Matt Dolan will discuss the latest case law and practical considerations related to:

• The right of police departments to hold officers to a higher standard than civilians in hiring and discipline
• Federal versus state law regarding marijuana legalization
• The role of Conduct Unbecoming standards in analyzing off-duty marijuana use
• Practical considerations re: staffing in light of widespread cultural acceptance of marijuana use