By Timothy S. Donahue

Top Takeaways:

• Policy shift: DOJ places FDA-approved and state-licensed marijuana products in Schedule III
• Research push: Move aims to expand clinical research while maintaining federal controls
• Next step: DEA to hold expedited hearing on full marijuana rescheduling starting June 29

The U.S. Department of Justice has taken a major step toward reshaping federal marijuana policy by moving certain cannabis products to Schedule III and accelerating a broader rescheduling process.

In a joint announcement, the U.S. Department of Justice and the Drug Enforcement Administration (DEA) said that FDA-authorized marijuana-based drugs and products regulated under state medical marijuana programs will now be classified as Schedule III under the Controlled Substances Act.

The move follows President Donald Trump’s December 2025 executive order to expand research on cannabis and cannabidiol. Officials framed the action as both immediate and transitional.

“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,” the DOJ said.

The change also reflects a shift in federal authorities’ approach to state-level legalization frameworks. Acting Attorney General Todd Blanche said the move recognizes the existing patchwork of medical marijuana programs nationwide.

“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,” Blanche said. “The Department of Justice is delivering on President Trump’s promise to expand Americans’ access to medical treatment options.”

The DEA emphasized that its enforcement priorities remain unchanged. “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 Terry Cole, administrator of the DEA. “Our men and women in law enforcement remain committed to fighting drug cartels, the fentanyl epidemic, and protecting American lives.”

The announcement also resets the broader federal rescheduling process. The DEA said it is withdrawing a prior notice of hearing issued in 2024 and will instead initiate a new administrative process, with hearings scheduled to begin on June 29, 2026.

Officials said the move is intended to accelerate the timeline for a full reconsideration of marijuana’s classification under federal law. “This action will accelerate the administrative process, include firm deadlines, and allow DEA to proceed in the most expeditious manner consistent with federal law,” the DOJ said.

For now, the immediate impact is limited to FDA-approved cannabis-based products and to those operating under qualifying state-issued medical licenses, which will now be classified as Schedule III substances—placing them alongside drugs with accepted medical use but still subject to regulatory controls.