DOJ Moves Some Medical Marijuana to Schedule III, Leaving 24-State Recreational Use Federally Illegal
Updated
Updated · USA TODAY · May 9
DOJ Moves Some Medical Marijuana to Schedule III, Leaving 24-State Recreational Use Federally Illegal
7 articles · Updated · USA TODAY · May 9
April 23's DOJ order shifted FDA-approved marijuana products and state-licensed medical marijuana products from Schedule I to Schedule III, immediately easing federal restrictions for compliant medical users in legal states.
Schedule III status means those products can be legally prescribed and may expand research and tax benefits, but it does not legalize marijuana broadly or resolve conflicts with state laws.
40 states, three territories and Washington, DC allow medical marijuana, while 24 states permit recreational use; recreational marijuana still remains federally illegal, and Idaho still bans all marijuana use.
Starting in late June, the Trump administration says it will begin a broader rescheduling process with administrative hearings, though a May 4 lawsuit already seeks to block the narrower April move.
Will medical cannabis businesses get billions back in retroactive tax relief after this rescheduling?
With this historic shift, what is the plan to manage the public health risks of expanded cannabis access?
Medical marijuana users can now buy guns, but what about recreational users in states where it is legal?
Medical Marijuana Reclassified: The 2026 Federal Shift to Schedule III and Its Far-Reaching Impacts
Overview
In April 2026, the Department of Justice reclassified FDA-approved and state-licensed medical marijuana from Schedule I to Schedule III, marking a historic shift in federal cannabis policy. This move recognizes medical use, lowers barriers to research, and is expected to bring significant tax relief to the regulated cannabis industry. States are now encouraged to guarantee safe access for patients. However, federal prohibition of recreational marijuana remains, and the change does not end possession arrests or fully resolve the conflict between federal and state laws. The reclassification is a major step, but many challenges and debates continue.