The Justice Department and Drug Enforcement Administration have placed FDA-approved products containing marijuana and state-licensed medical marijuana products in Schedule III of the Controlled Substances Act.
The order takes effect immediately and also initiates an expedited administrative hearing process to evaluate broader rescheduling of marijuana from Schedule I to Schedule III, indicating accepted medical use. A hearing is set for June 29, according to an April 23 news release from the Justice Department.
Marijuana was previously classified as a Schedule I substance, a category reserved for drugs such as heroin, ecstasy and LSD. In August 2023, HHS recommended the DEA reclassify the drug to Schedule III after determining it poses less risk than other Schedule I substances. The FDA reinforced that position in January 2024, citing preclinical, clinical and epidemiologic data.
Acting Attorney General Todd Blanche authorized the action under his authority to reschedule drugs, citing the need to align with state medical marijuana programs while maintaining federal controls. The rescheduling allows for research on the safety and efficacy of the substance, he said in the release.
The DEA is also withdrawing a prior notice of hearing published Aug. 29, 2024, tied to a proposed rulemaking first issued May 21, 2024, to accelerate the administrative process. The agency said the updated process will include firm deadlines to support a more timely resolution.
The move follows President Donald Trump’s executive order in December directing the attorney general to start the rulemaking process to reschedule marijuana to Schedule III. Mr. Trump also recently signed an order to boost research on psychedelics, including ibogaine and psilocybin.
Twenty-four states, two U.S. territories and the District of Columbia have legalized small amounts of marijuana for adult recreational use.
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