Justice Department Moves Certain Marijuana Products to Schedule III While Launching New Federal Rescheduling Process

The U.S. Department of Justice (DOJ) and the Drug Enforcement Administration (DEA) have announced a significant change in the federal treatment of certain marijuana-related products, marking a notable development in the ongoing evolution of U.S. cannabis policy.

On April 23, 2026, the DOJ announced that FDA-approved products containing marijuana, as well as marijuana products regulated under qualifying state-issued medical marijuana licenses, would be immediately placed in Schedule III of the Controlled Substances Act. At the same time, the department initiated a new administrative process to evaluate the broader rescheduling of marijuana from Schedule I to Schedule III under federal law.

What the Announcement Does

The DOJ's action consists of two separate but related developments.

First, an order was issued immediately placing FDA-approved marijuana-containing products and marijuana products operating under qualifying state medical marijuana licensing systems into Schedule III. According to the department, this action was taken under authority related to the United States' obligations under the Single Convention on Narcotic Drugs.

Second, the DEA is beginning a new administrative hearing process to consider broader federal rescheduling of marijuana. The hearing is scheduled to begin on June 29, 2026, and is intended to provide what the department described as a timely and legally compliant pathway for evaluating marijuana's federal status.

Why the DOJ Says the Change Matters

According to the DOJ, the immediate scheduling change is intended to expand access to approved therapies and support state-regulated medical marijuana programs. The department also stated that the action is designed to strengthen medical research while maintaining federal controls against illicit drug trafficking.

The announcement emphasizes two primary goals:

• Improving opportunities for research into marijuana's safety and effectiveness.

• Providing greater clarity for patients, healthcare providers, and researchers.

Acting Attorney General Todd Blanche stated that the rescheduling action would allow additional research into marijuana and could ultimately provide doctors with more reliable information and patients with better care options.

Recognition of State Medical Marijuana Programs

A notable aspect of the announcement is the DOJ's acknowledgment of the longstanding role played by state governments in regulating medical marijuana.

The department stated that placing state-licensed medical marijuana products into Schedule III reflects recognition of existing state medical marijuana regulatory systems and what it characterized as a common-sense approach to that reality.

While federal law continues to govern controlled substances, the announcement signals an effort to align certain federal policies more closely with medical marijuana programs that already operate under state oversight.

DEA Begins a New Rescheduling Process

Beyond the immediate scheduling order, the DEA is moving forward with a new administrative hearing process focused on marijuana's broader federal classification.

According to the DOJ, the hearing process beginning June 29, 2026, will examine whether marijuana should be more broadly moved from Schedule I to Schedule III under the Controlled Substances Act. A new notice of hearing will be published in the Federal Register to govern the proceedings.

The department described the hearing process as part of a longer-term effort to provide regulatory clarity while following the legal procedures required under federal law.

Changes to Earlier Proceedings

The announcement also included procedural updates regarding prior federal rescheduling efforts.

The DOJ noted that a notice of proposed rulemaking regarding marijuana rescheduling had previously been published in May 2024, followed by a notice of hearing in August 2024. However, after further review, the DEA decided to withdraw the earlier hearing notice and terminate those proceedings.

According to the department, this decision was made to move more efficiently toward completion of the rescheduling process. The DOJ stated that the new proceedings will include firm deadlines and are intended to accelerate administrative review while remaining consistent with federal law.

Law Enforcement Priorities Remain Unchanged

While announcing the scheduling changes, DEA Administrator Terry Cole emphasized that federal law enforcement agencies will continue focusing on major drug trafficking threats.

The DOJ stated that DEA personnel remain committed to combating drug cartels, addressing the fentanyl epidemic, and protecting public safety. The department presented the marijuana-related changes as separate from ongoing efforts against illicit drug trafficking organizations.

What Happens Next

The immediate Schedule III placement for FDA-approved marijuana products and qualifying state-licensed medical marijuana products is already in effect under the DOJ's order. Meanwhile, the broader question of marijuana's federal classification will be addressed through the new DEA administrative hearing process beginning June 29, 2026.

As that process unfolds, researchers, healthcare providers, patients, regulators, and industry participants will be watching closely to see whether broader federal rescheduling ultimately follows. The DOJ has indicated that its goal is to provide both immediate clarity and a structured pathway for evaluating longer-term changes to marijuana's status under federal law.