Trump Administration Reschedules FDA-Approved And State-Licensed Medical Marijuana To Schedule III
Since the 1970 Controlled Substances Act, marijuana has been classified federally as Schedule I, which has blocked broad medical use, research, and normal banking for the industry. States moved in different directions, creating a long conflict between federal law and state medical systems. In December President Trump signed an executive order directing the attorney general to begin a formal rulemaking process to reconsider marijuana's federal classification.
This week the Justice Department issued a formal order signed by Acting Attorney General Todd Blanche that reschedules specified marijuana products to Schedule III. The change applies only to FDA-approved marijuana products and products regulated by a state medical marijuana license. It does not legalize marijuana under federal law but creates an expedited system for state-licensed producers and distributors to register with the Drug Enforcement Administration. The order allows state-licensed medical marijuana companies to deduct ordinary business expenses on federal taxes for the first time. It also makes clear researchers will not be penalized for obtaining state-licensed marijuana or marijuana-derived products for scientific study. Moving medical marijuana to Schedule III removes the need for researchers to obtain a Schedule I license and eases laboratory and regulatory burdens. The administration has scheduled a DEA hearing in late June to begin considering broader rescheduling beyond strictly medical, state-licensed use.
Early coverage framed the move primarily as expanding access and providing regulatory clarity for state-licensed medical marijuana. Later reporting emphasized internal administration debate, political stakes, and sustained opposition from some advocates who say the products still meet Schedule I criteria. That narrative shift reframed the action from a technical fix into a politically charged policy change with implications for banking and law enforcement priorities.
The order was signed Thursday by Acting Attorney General Todd Blanche, who said the department is "delivering on President Trump's promise." The change affects only FDA-approved products and state-licensed medical programs and does not erase federal criminal prohibitions for other marijuana use. The move could ease banking and tax burdens for state-licensed businesses, industry leaders say, while opponents warn it falls short of broader legalization. Policy context: 24 states and Washington, D.C. have legalized adult recreational use, 40 states have medical programs, eight have limited low-THC laws, and only Idaho and Kansas prohibit marijuana entirely.
📌 Key Facts
- The Justice Department issued a formal order, signed by Acting Attorney General Todd Blanche, reclassifying specified marijuana products to Schedule III.
- The rescheduling applies only to FDA-approved marijuana products and products regulated under state medical-marijuana licenses; it does not legalize recreational marijuana under federal law.
- The DOJ action follows a December executive order from President Trump directing the attorney general to begin the rescheduling rulemaking process.
- Blanche said the department is “delivering on President Trump's promise,” and framed the change as expanding access to medical treatment and enabling more research on safety and efficacy.
- The order creates an expedited system for state-licensed producers and distributors to register with the DEA and explicitly allows state-licensed medical-marijuana companies to deduct ordinary business expenses on their federal taxes.
- Reclassifying medical marijuana to Schedule III eliminates the need for researchers to obtain a Schedule I license and clarifies that researchers will not be penalized for obtaining state-licensed marijuana or marijuana-derived products, easing laboratory and regulatory burdens for scientific studies.
- The administration has scheduled DEA hearings in late June to consider broader marijuana rescheduling beyond strictly medical, state-licensed use.
- Observers say rescheduling should affect banking access, criminal enforcement priorities and patient access; industry leaders (e.g., Ascend Wellness CEO Sam Brill) highlight current tax burdens and limited banking access for state-licensed cannabis firms.
- The move has prompted political and institutional debate: coverage describes internal administration disagreements and a notable shift in federal policy, while opponents such as Kevin Sabet of Smart Approaches to Marijuana argue these products still meet Schedule I criteria.
- Background context: state laws vary widely — 24 states plus Washington, D.C. have legalized adult use, 40 states have medical marijuana systems, 8 have only low-THC/CBD medical laws, and only Idaho and Kansas fully prohibit marijuana.
📰 Source Timeline (5)
Follow how coverage of this story developed over time
- Clarifies that the rescheduling applies only to two types of products: FDA-approved marijuana products and those regulated under a state medical marijuana license, and does not immediately affect recreational marijuana.
- Reports that in late June the Drug Enforcement Administration will hold hearings on broader marijuana rescheduling beyond medical programs.
- Includes on-the-record opposition from Smart Approaches to Marijuana, whose president Kevin Sabet argues current products still meet Schedule I criteria.
- Details that moving medical marijuana to Schedule III eliminates the need for researchers to obtain a Schedule I license, easing laboratory and regulatory burdens.
- Adds industry perspective from Ascend Wellness Holdings CEO Sam Brill on current tax burdens and lack of banking access for state-licensed cannabis firms.
- NYT emphasizes that the move represents a formal shift in federal drug policy by the Trump administration, not just a technical DOJ step.
- Additional detail on how rescheduling is expected to affect banking access, criminal enforcement priorities and patient access (as described in the NYT framing).
- Broader political and institutional context around internal administration debate and how this aligns or conflicts with prior Republican positions on marijuana.
- Acting Attorney General Todd Blanche signed the order Thursday formally reclassifying state-licensed medical marijuana from Schedule I to Schedule III.
- The order does not legalize marijuana under federal law but creates an expedited system for state-licensed producers and distributors to register with the Drug Enforcement Administration.
- The order explicitly allows state-licensed medical marijuana companies to deduct ordinary business expenses on their federal taxes for the first time.
- The order makes clear that researchers will not be penalized for obtaining state-licensed marijuana or marijuana-derived products for scientific studies.
- The Trump administration has scheduled a hearing to begin in late June to jump-start the process of reclassifying marijuana more broadly beyond strictly medical, state-licensed use.
- Blanche framed the change as DOJ 'delivering on President Trump's promise' and said rescheduling will enable more research on safety and efficacy.
- The article quantifies current state policy: 24 states plus Washington, D.C. with adult-use legalization, 40 with medical systems, 8 with low-THC or CBD medical laws, and only Idaho and Kansas fully prohibiting marijuana.
- Confirms that an order has been formally issued by the Justice Department, signed by Acting Attorney General Todd Blanche, rescheduling specified marijuana products to Schedule III.
- Specifies that the rescheduling applies to FDA-approved products containing marijuana and products regulated by a state medical marijuana license.
- Clarifies that the DOJ action directly follows a December executive order by President Trump directing the attorney general to begin the rescheduling rulemaking process.
- Includes Blanche's on-the-record quote that the department is 'delivering on President Trump's promise' and framing the change as expanding access to medical treatment and research.