On April 23rd, the Drug Enforcement Administration (DEA), under the authority of the US Department of Justice (DOJ,) issued two documents – (1) a final rule (implementing a final order) and (2) a notice of a hearing on the proposed rule to reschedule marijuana. See below for answers to some frequently asked questions about these documents.

What do these documents mean?

• All Food and Drug Administration (FDA)-approved drug products that contain marijuana, marijuana extract, or naturally derived Δ9‑THC, as part of the approved formulation, are now in Schedule III of the federal Controlled Substances Act.

• Marijuana cultivated, manufactured, distributed, or dispensed under qualifying state medical marijuana programs are also now Schedule III. Licensed state operators will now be eligible for section 280E tax relief.

• The order also establishes a fast-track process for state-licensed operators to register with the DEA under Schedule III regulatory controls for recordkeeping, security, disposal, and labeling.

• The DEA will have a hearing on June 29, 2026 to consider rescheduling marijuana beyond the acting attorney general's (AG) order.

• Essentially, this hearing will consider whether to reschedule marijuana for adult use, other than that which is currently regulated under qualifying state medical frameworks or has an FDA-approved use.

• Moving certain marijuana from Schedule I to Schedule III means that there is now a lawful federal pathway to possess, distribute/dispense, and manufacture/cultivate certain marijuana.

What did not change via these documents?

• Marijuana that is not in an FDA-approved drug product or a qualifying state medical program, including marijuana used for non-medical purposes/adult-use, remains in Schedule I, with federal criminal penalties for unauthorized possession, distribution, etc.

• Clinicians are not allowed to “prescribe” non‑FDA‑approved marijuana products.
  

• Non-FDA-approved synthetic THC products remain Schedule I. 

• State laws and regulations governing marijuana.

What changes for clinicians/researchers?

• The federal government now recognizes an accepted medical use of marijuana by placing some of it in Schedule III. However, there currently is no American medical society guideline endorsing marijuana (i.e., non‑FDA‑approved) as a treatment.

• Federal recognition brings a lower level of legal uncertainty for clinicians considering writing state-authorized medical certifications for patients.

• The prescription requirements that ordinarily apply to Schedule III substances do not apply to marijuana from state licensed operators, because that marijuana is not an FDA-approved drug and is not dispensed pursuant to a prescription under federal law. Accordingly, clinicians are not required to register with the DEA for Schedule III prescribing authority solely to write state-authorized certifications. Prescribing non-FDA‑approved drug products remains prohibited under federal law.

• Consistent with ASAM’s public policy statement on cannabis (here), FDA oversight and approval continue to be necessary for drug products to be treated as prescribable under federal law to ensure their safety and effectiveness.

What comes next?

• Litigation has already been filed in DC asking the court to set aside the rescheduling order. The results of this litigation and potentially others may ultimately craft the end product.

• June 29, 2026 - this is the date of the DEA hearing to consider rescheduling marijuana more broadly. The DEA is expected to reach a decision soon thereafter.

• This action from the federal government may inspire states to take action of their own to update their laws/regulations.

What has ASAM said on this topic?

• ASAM has recommended rescheduling cannabis used for medical purposes out of Schedule I to promote research and FDA oversight typical of other medications. You can find our public policy statement here.

• ASAM issued a statement on the marijuana rescheduling effort that was expedited via an executive order in 2025.

• That statement linked to ASAM's 2024 comments on the original proposed rule to reschedule marijuana.

Where can I read more?

• You can read the acting AG's order/DEA final rule here.

• Find the proposed hearing notice here.

• You can read the original notice of proposed rulemaking, detailing the conclusions of the scientific review process, here.

Disclaimer: This content is provided for general educational purposes and does not constitute medical or legal advice. ASAM assumes no liability for decisions made based on this information.