The Department of Justice provides for the transfer to Schedule III of FDA‑approved products and state‑licensed medical cannabis (marijuana, as defined under the Controlled Substances Act).
On April 22, 2026, the United States Department of Justice (DOJ), together with the Drug Enforcement Administration (DEA), issued a final order providing for the reclassification of certain cannabis‑derived substances and products under a less restrictive federal category.
The measure was adopted in compliance with the international obligations assumed by the United States under the 1961 Single Convention on Narcotic Drugs, and provides for the transfer of certain substances currently classified under Schedule I of the Controlled Substances Act to Schedule III, which is reserved for substances with an accepted medical use and a lower potential for abuse.
Scope of the reclassification
The order applies exclusively to:
- pharmaceutical products containing cannabis approved by the Food and Drug Administration (FDA); and
- medical cannabis (marijuana, as defined under the applicable federal legal framework) and its derivatives that are subject to a state‑issued licensing regime, in accordance with applicable federal regulations.
Synthetic tetrahydrocannabinols are expressly excluded from the scope of the measure and remain subject to the more restrictive Schedule I regime.
The reclassification does not entail the legalization of recreational cannabis, which remains illegal under U.S. federal law.
Access the final order issued by the Department of Justice and the DEA here.
