Washington — The Justice Department announced Thursday that it has issued an order rescheduling certain marijuana products to a lower drug classification, while moving to expedite the process to reclassify marijuana more broadly.
The order was signed by Acting Attorney General Todd Blanche and places FDA-approved products containing marijuana and products regulated by a state medical marijuana license in Schedule III of the Controlled Substances Act.
“The Department of Justice is delivering on President Trump’s promise to expand Americans’ access to medical treatment options,” Blanche said in a statement.
The move by the Justice Department follows an executive order signed by Mr. Trump in December that directed the attorney general to begin the rulemaking process to reschedule marijuana to Schedule III. The president also signed an executive order on Saturday that aims to boost research and relax restrictions on psychedelics, including the drug ibogaine, which is used in some countries to treat post-traumatic stress disorder.
Beyond rescheduling those specific marijuana products, the Justice Department and Drug Enforcement Administration are also starting an expedited administrative hearing process to consider the broader rescheduling of marijuana from Schedule I to Schedule III. That hearing will take place in late June and provides a pathway to evaluating the potential changes to marijuana’s status under federal law, according to the Justice Department.
What the Justice Department order does
Schedule 1 is the strictest classification and, according to the DEA, includes drugs that have a “high potential for abuse and the potential to create severe psychological and/or physical dependence.” Other Schedule I drugs include heroin, LSD and ecstasy. Schedule III drugs are those “with a moderate to low potential for physical and psychological dependence.” Among the drugs classified as Schedule III are ketamine, anabolic steroids and Tylenol with codeine.
Thursday’s order said the reclassification applies to marijuana, marijuana extracts and marijuana-derived compounds, like delta-9 THC, that are “included in an FDA-approved drug product or are subject to a state-issued license to manufacture, distribute, and/or dispense marijuana or products containing marijuana for medical purposes.”
The Justice Department said the move to reschedule the products “recognizes the longstanding regulation of medical marijuana by state governments and the need for a common-sense approach to this reality.”
Blanche said the shift “allows for research on the safety and efficacy of this substance, ultimately providing patients with better care and doctors with more reliable information.”
The order noted that “any form of marijuana other than in an FDA-approved drug product or marijuana subject to a state medical marijuana license remains a schedule I controlled substance, and those who handle such material remain subject to the regulatory controls, and administrative, civil, and criminal sanctions.”
Those that handle FDA-approved marijuana products will now be subject to certain regulatory requirements that apply to Schedule III drugs, including registering with the DEA and following rules for disposal, security and labeling.
For state-licensed medical marijuana entities, the Justice Department’s order creates a fast-track process for federal registration with the DEA. Incorporating state-licensing systems into the federal framework “represents the most effective and efficient means of achieving the” goals of the Controlled Substances Act with regard to medical marijuana while also promoting its benefits, the order states.
Adam J. Smith, executive director of the Marijuana Policy Project, welcomed the move from the Trump administration, but said cannabis should be de-scheduled entirely.
“Rescheduling cannabis is a historic move towards sanity in cannabis policy. We hope that this will open the door to more medical research, inspires states to guarantee access to safe, regulated cannabinoids for patients who desperately need them, and that the regulated industry might finally be treated more fairly under the federal tax code,” he said in a statement. “But a move to Schedule III stops short of the systemic change we need. It does nothing to end hundreds of thousands of possession arrests each year, nor does it do anything to fix the untenable, ongoing disconnect between federal prohibition and the regulated state markets under which more than half of American adults live.”
Trump’s order
Mr. Trump’s directive in December said that the federal government’s drug control policy has for decades neglected the uses of medical marijuana, limiting the ability of scientists and manufacturers to complete research on its safety and efficacy.
“It is the policy of my Administration to increase medical marijuana and CBD research to better inform patients and doctors,” the president’s executive order states. “It is critical to close the gap between current medical marijuana and CBD use and medical knowledge of risks and benefits, including for specific populations and conditions.”
Mr. Trump had said during his 2024 presidential campaign that he supported rescheduling marijuana to a Schedule III drug to unlock potential medical uses. He said he would be backing a Florida ballot amendment that sought to legalize marijuana for recreational use. The proposal, however, was rejected by Florida voters in November 2024.
The move by the Justice Department follows years of state action to legalize recreational and medical marijuana use. Twenty-four states and the District of Columbia allow for adult recreational use and 38 states have medical marijuana programs, according to the National Conference of State Legislatures.
The Biden administration also moved to reclassify marijuana as a Schedule III drug, though the rule was not finalized and the drug remained at the most severe categorization.
Broader rescheduling would not legalize or decriminalize marijuana at the federal level. But it clears the way for more research into marijuana and expanded medical uses. The shift could also lead to a lower tax burden for state-licensed marijuana dispensaries in the places that have legalized the drug.
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