DOJ Reschedules Cannabis to Schedule III, Effective April 22, 2026
Summary
Acting Attorney General Todd Blanche issued an Order rescheduling cannabis from Schedule I to Schedule III, effective April 22, 2026. The Order includes state legal and FDA-approved cannabis products but leaves questions unresolved for non-regulated cannabis products. The rescheduling is expected to eliminate application of Internal Revenue Code Section 280E, providing significant tax relief to cannabis businesses, while the Food, Drug and Cosmetic Act and Controlled Substances Act continue to apply, requiring FDA approval for interstate commerce.
“Acting Attorney General Todd Blanche issued an Order that confirms the rescheduling of cannabis products from Schedule I to Schedule III.”
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What changed
The Order reschedules cannabis from Schedule I to Schedule III under the Controlled Substances Act, effective April 22, 2026. State legal cannabis products and FDA-approved cannabis products are included within scope. Non-regulated cannabis products remain in a uncertain regulatory position.
Cannabis businesses should anticipate meaningful tax relief through elimination of IRC Section 280E limitations on deductions, but must still comply with the FDCA and CSA requirements for interstate commerce. Businesses operating in states with legal cannabis should monitor for agency guidance on how the new classification will be enforced and what FDA approval pathways apply.
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Apr 27, 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.
April 27, 2026
DOJ Reschedules Cannabis to Schedule III: What the Change Means and What Remains Unclear
Acting Attorney General Todd Blanche issued an Order that confirms the rescheduling of cannabis products from Schedule I to Schedule III. The Order is effective April 22, 2026, and the DOJ press release is found here. The Order does not solve all questions in the regulatory world. State legal and FDA‑approved cannabis products are included, but questions remain for non-regulated cannabis products.
As I’ve written about before, this rescheduling likely eliminates the application of Internal Revenue Code Section 280E and will provide significant tax relief in the cannabis market.
This rescheduling is an expected and nonetheless massive shift at the federal level. How it exactly filters out to the masses remains to be seen. We need to wait for guidance from the relevant agencies and look for indications of how the new status will be enforced. For example, the Food, Drug and Cosmetic Act (FDCA) and the Controlled Substances Act (CSA) still apply. Therefore, cannabis will need FDA approval for interstate commerce.
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2026
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