DOJ Reschedules FDA-Approved Marijuana Products to Schedule III Under CSA
Summary
Acting Attorney General Todd Blanche issued an order immediately placing FDA-approved products containing marijuana and medicinal marijuana products subject to a qualifying state-issued license in Schedule III of the Controlled Substances Act. The action is taken under authority to reschedule drugs to carry out U.S. obligations under the Single Convention on Narcotic Drugs, and follows President Trump's December 18, 2025 Executive Order on Increasing Medical Marijuana and Cannabidiol Research. Separately, DEA is withdrawing the prior notice of hearing published under the prior administration and will hold a new administrative hearing beginning June 29, 2026 to consider the broader rescheduling of marijuana from Schedule I to Schedule III.
“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.”
Manufacturers and distributors of FDA-approved cannabis-based drug products and operators of state-licensed medical marijuana programs should review their DEA registration status and supply chain controls, as products in Schedule III face different recordkeeping, security, and reporting requirements than Schedule I substances. Companies with products that do not hold FDA approval or qualify under a state-issued medical marijuana license remain subject to Schedule I restrictions and should monitor the outcome of the June 29, 2026 administrative hearing.
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What changed
Acting Attorney General Todd Blanche exercised rescheduling authority to immediately place FDA-approved marijuana products and state-licensed medical marijuana products in Schedule III of the Controlled Substances Act. DEA simultaneously withdrew the prior notice of hearing published August 29, 2024 under the prior administration and is terminating those proceedings to accelerate marijuana's complete redesignation. A new administrative hearing governed by a new Federal Register notice will begin June 29, 2026 to evaluate the broader rescheduling of marijuana from Schedule I to Schedule III.
Pharmaceutical companies, medical marijuana product manufacturers, and healthcare providers should note that FDA-approved marijuana products and qualifying state-licensed products are no longer subject to Schedule I restrictions, potentially easing research pathways and compliance burdens. However, non-FDA-approved, non-state-licensed marijuana products remain in Schedule I pending the outcome of the June 2026 administrative hearing. DEA Administrator Terry Cole emphasized that law enforcement remains committed to combating drug cartels, the fentanyl epidemic, and illicit drug trafficking.
Hearing
- Date
- 2026-06-29
Archived snapshot
Apr 23, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
News
Press Release
Justice Department Places FDA-Approved Marijuana Products and Products Containing Marijuana Subject to a Qualifying State-issued License in Schedule III, Strengthening Medical Research While Maintaining Strict Federal Controls
Thursday, April 23, 2026
Share For Immediate Release Office of Public Affairs The Action Expands Access to Approved Therapies and Supports State-Regulated Medical Marijuana Programs 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.
“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.
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 Component Office of the Attorney General Press Release Number: 26-392
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