Marijuana Rescheduling: An Important Step Forward
On April 23, 2026, the Department of Justice issued a final order placing FDA-approved marijuana products and marijuana products subject to a qualifying state-issued medical license in Schedule III. The order also establishes an expedited federal registration process for state-licensed medical marijuana operators, with applications now open.
The DOJ also announced that a new administrative hearing on broader marijuana rescheduling (including adult-use) will begin on June 29, 2026, and continue through July 15, 2026.
While additional steps remain before broader federal changes take effect, this marks continued momentum toward long-overdue reform and greater regulatory clarity for the marijuana industry.
On December 18, 2025, President Trump signed an executive order directing the Department of Justice to fast-track the process of moving marijuana from Schedule I to Schedule III under the Controlled Substances Act. This directive helped accelerate the federal action announced on April 23, 2026. It represents one of the most significant federal marijuana reforms in decades, and signals continued momentum for reform.
What Rescheduling Would Mean
The April 23 action provides immediate Schedule III treatment for certain FDA-approved marijuana products and qualifying state-licensed medical marijuana products. If broader marijuana rescheduling is ultimately finalized, Internal Revenue Code 280E would no longer apply to marijuana businesses subject to the change, allowing state-licensed marijuana businesses to deduct ordinary expenses such as rent and payroll for the first time.
Today, 280E drives effective tax rates of 70–80%. Eliminating it would save the industry an estimated $2–$3 billion annually, unlocking capital, supporting reinvestment in staffing and compliance, and improving long-term financial stability. Broader rescheduling could also ease restrictions on scientific research and may encourage additional states to move forward with reform.
What It Would Not Change
Rescheduling does not legalize marijuana federally, expand access to traditional banking (although risk tolerance may shift), open capital markets, allow interstate commerce, or undo criminal penalties. Marijuana would remain illegal under federal law unless Congress takes further action. Broader adult-use marijuana reform would still require additional federal action.
Timeline and Uncertainty
The April 23 order is now effective for qualifying products and operators. However, the Department of Justice must still complete formal rulemaking before broader marijuana rescheduling becomes effective. A new administrative hearing is scheduled to begin on June 29, 2026, and continue through July 15, 2026. Following that process, DOJ must evaluate the record, issue a final decision, and address potential legal challenges. The effective date for broader rescheduling remains uncertain and implementation could still take months or longer.
We expect additional guidance from federal and state agencies in the months ahead to address many lingering questions around the impact of rescheduling.
Considerations
Businesses could begin preparing for this by:
- Working with professional financial and tax experts to understand operating expenses that were previously disallowed that could potentially be deducted.
- For operators with both medical and adult-use activities, beginning to assess how operations, revenue, and expenses are tracked across the two to inform tax and reporting considerations.
- Running financial scenarios for your business in a post-280E environment.
- Identifying reinvestment priorities.
- Strengthening compliance and reporting frameworks.
- Anticipating potential shifts in market conditions, including M&A.
Looking Ahead
This most recent action represents a meaningful and overdue step that builds real momentum for broader reforms. At the same time, rescheduling is not the final step. Marijuana ultimately belongs off the Controlled Substances Act.
We’re committed to pushing for comprehensive solutions to address marijuana prohibition, and we’re confident that a final rule moving marijuana to Schedule III will help accelerate the next wave of progress for the industry.
Resources:
- U.S. Department of Justice / Drug Enforcement Administration – Schedules of Controlled Substances: Rescheduling of Food and Drug Administration Approved Products Containing Marijuana From Schedule I to Schedule III; Corresponding Change to Permit Requirements (April 23, 2026)
- Cannabis Regulators Association (CANNRA) – Overview of April 23 DOJ Final Order on Rescheduling (April 27, 2026)
- Foley & Lardner LLP – DEA Issues Long-Awaited Final Order Rescheduling Certain Marijuana Products to Schedule III: What It Means, What It Doesn’t, and What Comes Next (April 23, 2026)
- The White House – Increasing Medical Marijuana and Cannabidiol Research (December 18, 2025)
- Cannabis Regulators Association (CANNRA) – Briefing on Schedule III (December 2025)
- Vicente LLP – Cannabis Rescheduling Explained (December 18, 2025)
- NORML – Cannabis Rescheduling: Separating Fact from Fiction (December 16, 2025)
- NPR – Trump Administration Moves to Reclassify Marijuana Through Executive Order (December 26, 2025)