Yesterday, the Department of Justice issued an order that will be described everywhere as federal cannabis “rescheduling”. It is, and it is not. Acting Attorney General Todd Blanche signed an order removing two narrow categories of marijuana from the highly-regulated Schedule I classification of controlled substances (e.g., heroin) and reassigning them to the less-regulated Schedule III classification of the Controlled Substances Act, effective April 22, 2026. These “rescheduled” controlled substances are: (1) FDA-approved drug products containing marijuana (e.g., Epidiolex), and (2) marijuana and marijuana products subject to a qualifying state-issued medical marijuana license. The order applies to marijuana as defined in the CSA, marijuana extracts, and delta-9-tetrahydrocannabinol and other compounds derived from the marijuana plant (other than mature stalks and seeds) that fall outside the definition of “hemp”. Everything else marijuana remains Schedule I – recreational or
