Reclassification of Medical Marijuana
On April 23, 2026, the Department of Justice (“DOJ”) issued an order immediately reclassifying Food and Drug Administration (“FDA”)-approved products containing marijuana and state-regulated medical marijuana and marijuana products as Schedule III rather than Schedule I drugs under the federal Controlled Substances Act (“CSA”). As part of this change, the Drug Enforcement Administration (“DEA”) also issued a final rule implementing the change, outlining the DOJ’s authority to make the change, and establishing a framework for how medical marijuana will be regulated by the DEA.
This action follows an Executive Order that had been signed by President Trump on December 18, 2025, supporting changes in how medical marijuana would be treated under federal law. In that Executive Order, President Trump directed the Attorney General of the United States to expeditiously review and pursue the rescheduling of medical marijuana from Schedule I to Schedule III under the CSA. The Executive Order referenced a 2023 analysis conducted by the Department of Health and Human Services (“HHS”) that recommended marijuana be classified under Schedule III of the CSA because it has a currently accepted medical use in the treatment of patients, and unlike other Schedule I drugs that have a high potential for abuse, HHS determined medical marijuana had only a moderate to low potential for physical dependence (albeit a high potential for psychological dependence).
Under the CSA classifications for controlled substances, Schedule III substances are recognized as having accepted medical use and may be prescribed by medical professionals when approved by the FDA, while Schedule I substances have no accepted medical use and cannot be prescribed. Although marijuana itself remains unapproved by the FDA and therefore cannot be prescribed, reclassification removes medical marijuana’s prior status as having “no accepted medical use” under federal law. As a result, medical professionals in states where medical marijuana is legal will face less conflict with federal law when recommending or certifying medical marijuana pursuant to state law.
Also, while prescription drugs must normally be approved by the FDA—and the DOJ noted that marijuana itself is not an FDA‑approved drug—the DEA concluded in the final rule that it will rely on regulatory frameworks already in place in states where medical marijuana is legal when establishing federal registration and oversight requirements for state‑authorized medical marijuana. The DEA has also established an expedited registration pathway for entities authorized to grow and dispense medical marijuana.
Notably, recreational marijuana, even in states where recreational marijuana is legal, remains a Schedule I controlled substance under CSA. In addition, the fact that medical marijuana has been reclassified as a Schedule III substance does not mean that state laws regulating medical marijuana are preempted by this new final rule. Furthermore, the reclassification alone does not mean that payors will be required to reimburse medical marijuana and marijuana products. A hearing is scheduled on June 29th to discuss broader regulatory changes that may be needed to implement this final order.
The DOJ’s press release is available at: https://www.justice.gov/opa/pr/justice-department-places-fda-approved-marijuana-products-and-products-containing-marijuana. The DEA final rule is available at: https://justice.gov/opa/media/1437751/dl
