Federal Rescheduling and Industry Implications
The U.S. Department of Justice (DOJ) has enacted a significant change in federal drug classification, impacting the medical cannabis rescheduling. On April 22, 2026, Acting Attorney General (AAG) Todd Blanche signed an order reclassifying medical marijuana from a Schedule I federally forbidden drug to a Schedule III federally regulated drug under 21 United States Code § 812(a). This decision, formally published in the Federal Register on April 28, 2026, marks the first instance of a single substance being bifurcated into two categories within the Controlled Substances Act (CSA).
While medical cannabis now shares a classification with substances like Ketamine and Testosterone, recreational marijuana remains a Schedule I drug. This distinction is expected to persist until the conclusion of the Drug Enforcement Administration’s (DEA) administrative drug reclassification hearings, scheduled to commence on June 29, 2026. Legal professionals, including former federal prosecutors and IRS lawyers, have advised the cannabis industry to proceed with caution regarding the DEA’s expedited registration process, citing potential risks and the broad scope of federal authority.
The New Schedule III Classification and its Scope
The AAG’s order establishes that if marijuana is regulated by a state medical marijuana license, it is now placed on Schedule III. The statutory factors for Schedule III, as outlined in 21 United States Code § 812(b)(3), include:
- A potential for abuse less than drugs in schedules I and II.
- A currently accepted medical use in treatment in the U.S.
- Abuse of the drug may lead to moderate or low physical dependence or high psychological dependence.
This new classification applies to state-licensed medical marijuana businesses, though the AAG’s order does not precisely define this term. It also extends to FDA-approved products containing non-synthetic marijuana. The status of Epidiolex, an FDA-approved medication containing CBD derived from the cannabis sativa plant, remains an open question following this reclassification. Epidiolex was previously removed entirely from the five-category CSA drug schedule in 2020, after initially being approved in 2018 as a Schedule V substance for epilepsy and other seizure disorders.
DEA Registration Pathway and Federal Authority
The April 2026 AAG’s order, on page 2, outlines an
Disclaimer: This article is for informational purposes only and does not constitute medical advice. Hemp Gazette does not provide medical recommendations, diagnoses, or treatment plans. Always consult a qualified healthcare practitioner before making any decisions regarding your health or any medical condition. Statements concerning the therapeutic uses of hemp, cannabis, or cannabinoid-derived products have not been evaluated by Australia’s Therapeutic Goods Administration (TGA). Medicinal cannabis products in Australia are accessed via prescription pathways under TGA regulation.
