Justice Department Moves FDA-Approved Marijuana to Schedule III, Expanding Research Under Federal Oversight

The Action Expands Access to Approved Therapies and Supports State-Regulated Medical Marijuana Programs

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Beginning June 29, 2026, the order will provide a timely and legally compliant pathway to evaluate broader changes to marijuana’s status under federal law. Image for illustration purposes
Beginning June 29, 2026, the order will provide a timely and legally compliant pathway to evaluate broader changes to marijuana’s status under federal law. Image for illustration purposes
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U.S. Department of Justice

In accordance with President Trump’s December 18, 2025, Executive Order on Increasing Medical Marijuana and Cannabidiol Research, the Justice Department and the Drug Enforcement Administration (DEA) today announced the issuance of an order immediately placing both FDA-approved products containing marijuana and marijuana products regulated by a state medical marijuana license in Schedule III of the Controlled Substances Act, as well as the initiation of an expedited administrative hearing process to consider the broader rescheduling of marijuana from Schedule I to Schedule III. The new hearing, beginning June 29, 2026, will provide a timely and legally compliant pathway to evaluate broader changes to marijuana’s status under federal law. Together, these actions provide immediate and long-term clarity to researchers, patients, and providers alike while still maintaining strict federal controls against illicit drug trafficking.

Acting Attorney General Todd Blanche is placing both FDA-approved drug products containing marijuana, and medicinal marijuana products subject to a qualifying state-issued license in Schedule III under his authority to reschedule drugs to carry out the United States’ obligations under the Single Convention on Narcotic Drugs. This action recognizes the longstanding regulation of medical marijuana by state governments and the need for a common-sense approach to this reality.

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“The Department of Justice is delivering on President Trump’s promise to expand Americans’ access to medical treatment options,” said Acting Attorney General Todd Blanche. “This rescheduling action allows for research on the safety and efficacy of this substance, ultimately providing patients with better care and doctors with more reliable information.”

“Under the direction of President Trump and Acting Attorney General Blanche, DEA is expeditiously moving forward with the administrative hearing process — bringing consistency and oversight to an area that has lacked both,” said DEA Administrator Terry Cole.  “Our men and women in law enforcement remain committed to fighting drug cartels, the fentanyl epidemic, and protecting American lives.”

Separately, the Department announced procedural updates to expedite the ongoing rulemaking process required to fully remove marijuana from Schedule I and place it into Schedule III under the Controlled Substances Act.

Under the prior administration, a notice of proposed rulemaking was published in the Federal Register on May 21, 2024, followed by a notice of hearing on August 29, 2024. Upon further review, the DEA is withdrawing the prior notice of hearing and terminating those proceedings in order to move more efficiently toward the completion of marijuana’s complete redesignation. This action will accelerate the administrative process, include firm deadlines, and allow DEA to proceed in the most expeditious manner consistent with federal law.

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DEA will hold a new administrative hearing beginning June 29, 2026, regarding the proposed rescheduling of marijuana. A new notice of hearing is being published in the Federal Register to govern these proceedings and facilitate a timely resolution of the rulemaking.

Today’s order is reflective of the Department of Justice’s continued dedication to common-sense policies and the prioritization of the safety and well-being of all Americans.

Updated April 23, 2026

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