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DOJ Reclassifies Medical Marijuana to Schedule III in Landmark 2026 Order

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Submitted by GovOneStop on April 24, 2026 - 4:07pm

Cannabis Policy Shift: DOJ Reclassifies Medical Marijuana to Schedule III in Landmark 2026 Order

On April 23, 2026, the U.S. Department of Justice (DOJ) issued a historic order reclassifying FDA-approved and state-licensed medical marijuana products from Schedule I to Schedule III under the Controlled Substances Act. This decisive action, led by Acting Attorney General Todd Blanche, reflects a new era of common-sense cannabis policy that prioritizes public health, medical research, and regulatory alignment with state governments.

"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," stated Acting Attorney General Blanche in the official announcement.

Timeline: From HHS Recommendation to DOJ Action

The path to this policy shift began in August 2023, when the Department of Health and Human Services (HHS) formally recommended that marijuana be moved to Schedule III, citing accepted medical use and a lower potential for abuse than Schedule I substances. The Food and Drug Administration (FDA) contributed scientific input, highlighting the existence of several FDA-approved cannabis-derived medications.

In December 2025, President Trump issued an executive order directing the Attorney General to expedite the rescheduling process. This directive accelerated the DOJ and Drug Enforcement Administration (DEA) rulemaking, culminating in the April 2026 order. The DOJ has also announced an expedited administrative hearing, set to begin June 29, 2026, to consider broader rescheduling of marijuana.

For the full DOJ press release, visit the Justice Department’s official announcement.

What Products Are Affected?

The reclassification applies to:

  • FDA-approved marijuana drug products
  • Marijuana products regulated by a qualifying state medical marijuana license
  • Marijuana extracts and marijuana-derived compounds (including delta-9 THC) included in FDA-approved or state-licensed products

 

See the The FDA's News Releases and Statements, and Consumer Information at: FDA Regulation of Cannabis and Cannabis-Derived Products, Including Cannabidiol (CBD)

Schedule I vs. Schedule III: What Changes?

  • Schedule I substances are considered to have no accepted medical use and a high potential for abuse. Research and medical access are highly restricted.
  • Schedule III substances are recognized as having accepted medical use and a lower potential for abuse. This change will:
    • Expand opportunities for medical research
    • Reduce certain federal criminal penalties
    • Maintain strict federal controls against illicit trafficking
    • Not legalize recreational marijuana at the federal level

For more on the Controlled Substances Act and scheduling, see the DEA’s resource page.

Policy Implications and Next Steps

This reclassification is expected to facilitate robust scientific studies on the safety and efficacy of medical marijuana, benefiting patients and researchers nationwide. The DOJ’s action also acknowledges the longstanding role of state governments in regulating medical cannabis, creating a more unified approach to public health and safety.

The expedited administrative hearing beginning June 29, 2026, will further evaluate the potential for broader rescheduling of marijuana. For ongoing updates, visit the DEA’s news section and Congress.gov for legislative developments.

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