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ARTICLE · 20 MAY 2026

Cannabis Rescheduling Arrives, With Limits: What The DOJ's Final Order Does And Doesn't Do

Carter Ledyard & Milburn LLP
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Alexander G. Malyshev and Sarah H. Ganley examine the final order rescheduling cannabis from Schedule I to Schedule III of the Controlled Substances Act. The analysis clarifies that this rescheduling applies specifically to medical cannabis and does not constitute federal legalization of cannabis.

United StatesCannabis & Hemp
Alexander Malyshev
Alexander Malyshev
Sarah H. Ganley
Sarah H. Ganley

On April 23, 2026, the U.S. Department of Justice (DOJ) and U.S. Drug Enforcement Administration (DEA) announced the issuance of a final order (Order) (https://bit.ly/4tXaQIL), signed by Acting Attorney General Todd Blanche, rescheduling two categories of cannabis from Schedule I of the Controlled Substances Act (CSA) to the less regulated Schedule III:  (1) FDA-approved cannabis products; and (2) cannabis regulated under a state medical cannabis license.

A Notice of Proposed Rulemaking (NPRM) (https://bit. ly/4wkXhEU) also accompanied the Order, initiating an expedited administrative hearing process to consider the broader goal of rescheduling all cannabis (not just medical cannabis) from Schedule I to Schedule III.

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