Trump Administration Reclassifies State-Licensed Medical Marijuana from Schedule I to Schedule III

Acting Attorney General Todd Blanche signed the reclassification order Thursday, shifting state-licensed medical marijuana from Schedule I — the most restrictive federal drug category, which groups substances with no accepted medical use and high abuse potential — to Schedule III, which covers substances with accepted medical use and moderate to low potential for dependence. Schedule III drugs include anabolic steroids and ketamine; Schedule I drugs include heroin and LSD.

The order applies specifically to cannabis products approved by the FDA and distributed through state medical marijuana licensing frameworks. It does not extend to marijuana sold outside those licensed systems, which remains Schedule I. Blanche's order relied on a provision of federal law allowing the attorney general to determine drug classifications for substances regulated under an international treaty, a step that allowed the administration to sidestep a lengthier DEA review process that had been initiated under President Biden and had received nearly 43,000 public comments.

Blanche said in a statement that the Justice Department was "delivering on President Trump's promise" to expand Americans' access to medical treatment options. DEA Administrator Terry Cole said the agency was "expeditiously moving forward with the administrative hearing process" and remained "committed to fighting drug cartels, the fentanyl epidemic, and protecting American lives." The American Trade Association for Cannabis and Hemp president Michael Bronstein described the action as "the most significant federal advancement in cannabis policy in over 50 years," and Curaleaf Chairman Boris Jordan described it as "the biggest legislative change for cannabis in 55 years," according to the Washington Examiner.

Critics raised objections. Kevin Sabet of Smart Approaches to Marijuana said the rescheduling sends "a confusing message about marijuana's harms to the American public" and described the policy as "a tax break to Big Weed." Sabet, as reported by the Washington Examiner, said he intends to take legal action against the move. More than 20 Republican senators had previously signed a letter urging Trump to maintain existing classifications, according to the Associated Press.

The AP noted practical complexities in states where licensed recreational shops also serve medical patients. In Washington state, for example, 302 of 460 licensed stores hold endorsements to sell tax-free cannabis to registered patients, raising questions about how the order will apply in those settings. The rescheduling also arrives alongside separate policy activity around hemp: a 2025 agricultural appropriations measure included a provision banning certain hemp products starting in November 2026, even as the Centers for Medicare and Medicaid Services launched a pilot program for hemp-derived CBD and THC products, according to the Washington Examiner.

The federal prohibition on marijuana dates to the Marihuana Tax Act of 1937. Since 2015, Congress has prohibited the Justice Department from using funds to shut down state-licensed medical marijuana programs. Forty states now have medical marijuana systems, 24 states plus Washington, D.C., have authorized adult recreational use, and only Idaho and Kansas maintain outright bans.