Marijuana Moment: Federal Marijuana Rescheduling Will End Discrimination In Housing, Healthcare And Employment For Medical Cannabis Patients (Op-Ed)

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“These products are now federally recognized as legitimate medicine… Patients and their caregivers are no longer considered criminals under federal law. They have federal rights.”

By Steph Sherer, Americans for Safe Access

The Department of Justice and Drug Enforcement Administration’s rescheduling of cannabis is more than just validation for the millions of Americans who rely on cannabis medicines. It is a legal platform for the restoration of their federal rights and privileges.

In light of the changes announced last week, federal policies limiting access to medical cannabis and federal services are not just discriminatory; many are now in violation of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA).

Medical cannabis advocates are elated to see federal recognition of their medicine, protected patient access and movement toward healthcare integration—concepts that we have fought for decades to realize. The DOJ order moves the country closer to those goals by recognizing “marijuana products regulated by qualifying state medical cannabis licenses” as falling within Schedule III, rather than Schedule I.

These products are now federally recognized as legitimate medicine.

For years, courts and federal agencies have upheld discrimination against medical cannabis patients by pointing to the Schedule I status of cannabis and specifically the federal government’s claim that cannabis has “no currently accepted medical use.” That premise is no longer true for qualifying medical cannabis products and state-regulated medical cannabis systems recognized under the order.

Federal agencies, businesses, landlords and federally funded programs can no longer rely on outdated interpretations of 42 U.S.C. § 12210 of the ADA or the FHA, 42 U.S.C. §§ 13661-63, to categorically deny services, housing or accommodations, or protections to medical cannabis patients solely because their medicine is cannabis.

Over the coming weeks and months, there will be a great deal to unpack. Federal agencies will need to implement licensing procedures, tax rules, reporting pathways and regulatory controls. During this time, protecting patients from discrimination must be treated with the same urgency as figuring out registration and tax schemes for cannabis businesses.

The Treasury Department has already recognized the need for implementation guidance for cannabis businesses, announcing forthcoming guidance on the federal tax consequences of DOJ’s final order, including Section 280E. Patients deserve the same expedience in restoring their federal rights and protections.

Stigma and discrimination have remained prevalent for patients even in states that have passed medical cannabis laws. Patients have lost housing, jobs, healthcare access and child custody at great cost to their health and dignity. The culprits have long relied on the federal scheduling of cannabis to justify their actions.

As of last week, that is no longer legally permissible; it’s discrimination.

The Trump administration can lead by example by directing federal agencies to immediately review and update policies that are now inconsistent with ADA and FHA, and by avoiding putting patients in a familiar and expensive position of having to ask the courts to vindicate their rights.

When it comes to the Department of Justice, the federal recognition of medical cannabis requires agencies to stop treating the patients as if they were criminals, void of federal rights. That includes patients in hospitals, hospices, assisted living facilities, nursing homes, veterans’ healthcare, public housing, federal workplaces and military systems.

As the agency responsible for enforcing ADA and FHA, DOJ should issue nationwide directives, putting federal agencies and the private sector on notice that denying accommodations, services, housing and participation to medical cannabis patients is now a federal crime.

Here are some examples of discriminatory federal polices:

The Department of Housing and Urban Development (HUD) maintains policies, such as the Quality Housing and Work and Responsibility Act of 1998, that prohibit tenants of federally subsidized housing from possessing or using cannabis, even if they comply with state and local laws. The 2014 HUD memo “Use of Marijuana in Multifamily Assisted Properties” gave landlords “the discretion to evict or not evict current tenants for their use of marijuana.” When it comes to medical cannabis, that “discretion” is now legally prohibited discrimination.

The Office of Personnel Management (OPM) continues to enforce Executive Order 12564, “Drug-Free Federal Workplace,” a 1986 policy requiring federal employees to refrain from illegal drug use on or off duty. Substance Abuse and Mental Health Services Administration’s (SMHSA) federal workplace drug-testing framework still includes cannabis in federal employee testing panels without exceptions for patients who are complying with state medical cannabis laws and are not impaired at work. Denying medical cannabis patients’ employment is now illegal.

The Department of Defense maintains Article 112a of the Uniform Code of Military Justice, 10 U.S.C. § 912a, a policy that prohibits active-duty service members from using or possessing cannabis and cannabis-derived products, including CBD. Branch-specific rules, including Army Regulation 600-85, Air Force Manual 44-197, Navy and Marine Corps ALNAV 057/19, and Coast Guard ALCOAST 308/20, reinforce that prohibition even when products are lawful for civilians or recommended under state medical cannabis laws. When it comes to medical cannabis, a zero-exception policy that treats therapeutic use as misconduct is now discrimination.

The Department of Veterans Affairs (VA) Directive 1315, “Access to VHA Clinical Programs for Veterans Participating in State-Approved Marijuana Programs,” prohibits VA healthcare providers from recommending medical cannabis, completing state medical cannabis forms, making referrals, or helping veterans register for state medical cannabis programs. For many veterans, the burden of paying out-of-pocket costs to see a non-VA clinician under this policy is a de facto ban on cannabis medicines.

Additionally, while VA clinicians are permitted to discuss medical cannabis use with their patients, VA’s electronic medical records system only allows VA clinicians to document their patients’ medical cannabis use as abuse. This impacts a veteran’s access to other healthcare options in the VA system.

These policy and system deficiencies can now be classified as healthcare discrimination.

The Department of Health and Human Services’s (HHS) policies require compliance with federal laws as a condition of funding and licensing for hospitals, hospices, nursing homes, assisted living facilities and other healthcare providers. Many facilities cite this as the reason for refusing access to cannabis medicines, declining to complete state paperwork or forcing patients to stop using their medicine when entering care. Refusing to provide patient care will now be considered discrimination.

The recognition of cannabis as a legitimate medicine means that patients and their caregivers are no longer considered criminals under federal law. They have federal rights. Those rights now protect patients in housing, employment, healthcare and in their military careers.

But like all rights, these protections mean little unless people exercise them. We should also expect that the protections and privileges tied to these rights will not be enforced equally or automatically. Continued patient engagement and advocacy will remain essential until these rights are expressly restored and every patient, regardless of ZIP code or income, has safe and legal access to cannabis medicines

Patients, caregivers, healthcare providers and advocates must stay engaged and be ready to mobilize!

A New Era In Advocacy

DOJ’s order is a historic victory for medical cannabis patients that should be celebrated. This is a major turning point in federal policy, but it is certainly not the end of the fight. Over the coming days and months, we can expect congressional and legal challenges, as well as a series of regulatory interpretations at the state and federal levels.

The medical cannabis movement’s first act was the fight for recognition, making the federal government admit that cannabis has medical value. The second act must ensure that recognition serves patients by securing access, rights, protections and integration of cannabis medicines into U.S. healthcare systems. Patient advocates must be ready to help the administration and Congress do that work. We know where federal policies break down, and we know what happens when agencies write rules without the people most affected.

The federal government acknowledging cannabis is medicine is a call to action to medical cannabis stakeholders and allies. We need Congress, the administration and policymakers across the U.S. to understand that patients need more than recognition. From May 13-14, 2026, Americans for Safe Access, Veterans Initiative-22, Unite for National Medical Cannabis and the Pain Foundation will be in Washington, D.C., to bring this message to policymakers on Capitol Hill.

Join us in demanding that rescheduling cannabis creates the rights, protections, and access needed to improve health outcomes for all Americans.

Steph Sherer is the founder and executive director of Americans for Safe Access.

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