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

M. Tae Phillips, Shareholder | 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.

SESSION 1 – State Marijuana Laws and Employment Claims | 1:00pm – 2:00pm

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.

BREAK | 2:00pm – 2:10pm

SESSION 2 – Federal Laws, Rescheduling Impact, and Workplace Policies | 2:10pm – 3:10pm

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.