Trump Administration Moves to Reclassify Cannabis as Lower-Risk Controlled Substance

On April 22, 2026, Acting Attorney General Todd Blanche signed an order that moved two categories of marijuana into Schedule III of the Controlled Substances Act: FDA-approved drug products containing marijuana, and marijuana products regulated under a qualifying state medical marijuana license [1][2]. The action marked the first time the federal government has reclassified cannabis since it was placed alongside heroin and LSD in Schedule I more than five decades ago.

The order did not legalize recreational marijuana. It did not free anyone from prison. But it set in motion a series of tax, regulatory, and legal consequences that will reshape a $30-billion-a-year industry [3] — and opened a broader administrative hearing, set to begin June 29, 2026, on whether all marijuana should be moved to Schedule III [1][4].

How We Got Here: A Three-Year Regulatory Path

The reclassification did not happen overnight. In August 2023, the Department of Health and Human Services concluded a scheduling review and recommended that the DEA move marijuana from Schedule I to Schedule III [5]. HHS's Assistant Secretary for Health, Admiral Rachel Levine, formally transmitted the recommendation, citing findings that marijuana has "a potential for abuse less than the drugs or other substances in schedules I and II" and has a "currently accepted medical use" in treatment [6].

The DEA published a proposed rule in the Federal Register on May 21, 2024 [6]. But the standard administrative hearing process stalled. An administrative law judge postponed the proceedings in January 2025 while resolving a procedural appeal from opponents of rescheduling [5][7].

President Trump broke the logjam on December 18, 2025, signing an executive order titled "Increasing Medical Marijuana and Cannabidiol Research," which directed the Attorney General to "take all necessary steps to expeditiously move marijuana from Schedule I to Schedule III" [4][8]. The April 2026 order partially fulfilled that directive by immediately reclassifying state-licensed medical marijuana and FDA-approved products, while scheduling the broader hearing for late June [1].

What Schedule III Means — and What It Does Not

The Controlled Substances Act sorts drugs into five schedules based on three criteria: potential for abuse, whether the drug has a currently accepted medical use, and the level of physical or psychological dependence it produces [9]. Schedule I — where marijuana has sat since 1970 — is reserved for substances deemed to have high abuse potential and no accepted medical use. Schedule III includes drugs like ketamine, anabolic steroids, and products containing less than 90 milligrams of codeine per dose [9].

Moving to Schedule III does not make cannabis legal for recreational use. Possession without a valid prescription or state medical license will remain a federal crime [10]. Manufacturing and distribution will still require DEA registration. But the practical consequences for the medical cannabis industry are substantial.

The Section 280E Tax Relief

The most immediate financial impact involves Section 280E of the Internal Revenue Code. Enacted in 1982, Section 280E prohibits businesses that traffic in Schedule I or II controlled substances from deducting ordinary business expenses — rent, payroll, marketing, equipment — from their federal taxes [11][12]. Cannabis businesses have been limited to deducting only the cost of goods sold (COGS), resulting in effective federal tax rates that industry analysts have estimated at 70% or higher in some cases [12].

A 2022 industry survey found that fewer than 25% of cannabis businesses were profitable. In 2023, the 20 largest publicly traded marijuana companies lost a combined $2.3 billion, with only one reporting a net profit [11]. Rescheduling to Schedule III removes cannabis from Section 280E's reach, allowing qualifying businesses to claim standard deductions, credits — including the research and development credit — and other tax benefits available to any legal business [11][12].

The Congressional Research Service has noted that this change will "substantially reduce the federal income tax liabilities" of cannabis businesses [10]. However, the relief applies only to operations covered by the April 2026 order: FDA-approved products and state-licensed medical marijuana. Recreational cannabis businesses in the 24 states that have legalized adult-use sales will not benefit unless the broader rescheduling — to be considered at the June 29 hearing — covers their operations as well.

A $25 Billion Tax Engine at the State Level

Whatever happens at the federal level, state-legal cannabis has already become a significant fiscal force. According to the Marijuana Policy Project, states have collectively generated more than $24.7 billion in tax revenue from adult-use cannabis sales since Colorado and Washington opened the first legal recreational markets in 2014 [13]. In 2024, legalization states brought in a record $4.4 billion in cannabis tax revenue [13].

Source: Marijuana Policy Project

Data as of Mar 1, 2025CSV

Seven states collected more than $200 million each in adult-use cannabis taxes in 2024, with California exceeding $1 billion [13][14]. Twenty-four states and the District of Columbia have now legalized cannabis possession for adults 21 and older [13].

Economists have not published a consensus projection for what federal tax receipts would look like under a Schedule III framework. The Tax Foundation has argued that federal rescheduling would likely increase total tax collections from the industry by enabling profitable businesses to pay standard corporate rates rather than the distorted rates produced by Section 280E — though it has cautioned that the net federal revenue effect depends on how the interaction between state and federal taxation is structured [12].

The Scientific Case: What HHS Actually Found

The statutory criteria for scheduling hinge on two questions: Does the substance have a high potential for abuse? Does it have a currently accepted medical use?

HHS's 2023 review found that marijuana's primary psychoactive compound, delta-9-THC, produces rewarding effects through CB1 receptor agonist activity consistent with "observed long-term patterns of nonmedical use and abuse" [6]. But the agency concluded that this abuse potential is lower than that of Schedule I and Schedule II substances.

On medical use, HHS found that more than 30,000 licensed healthcare practitioners across 43 U.S. jurisdictions were authorized to recommend medical marijuana for over 6 million registered patients, treating at least 15 medical conditions [6]. The FDA identified "credible scientific support" for marijuana's use in treating pain, chemotherapy-induced nausea and vomiting, and anorexia related to medical conditions [6].

DEA administrative law judges have historically been skeptical of rescheduling. In 1988, DEA Administrative Law Judge Francis Young ruled that marijuana should be rescheduled, calling it "one of the safest therapeutically active substances known to man," but DEA Administrator John Lawn overruled him [15]. The current proceeding — set for June 29 — will test whether the agency's own adjudicatory process reaches a different conclusion under the weight of three decades of additional evidence and 43 state-level medical programs.

The Case Against: Public Health Concerns

Not all researchers agree that easier federal access is benign. Some public health scientists have argued that Schedule III classification could normalize cannabis use and increase consumption among vulnerable populations, particularly adolescents.

The data from state-level legalization, however, complicates this argument. According to the National Survey on Drug Use and Health, the percentage of Americans ages 12 to 17 who reported past-month marijuana use fell from 7.4% in 2014 to 6.0% in 2023 — a 19% decline during the same period that the number of legal-cannabis states roughly tripled [16][17].

Source: National Survey on Drug Use and Health (NSDUH)

Data as of Dec 1, 2024CSV

In Colorado, which has had legal adult-use sales since 2014, the share of high schoolers reporting cannabis use dropped from 22% in 2011 to 12.8% in 2023 — a 42% decline [17]. The Marijuana Policy Project reported in 2024 that national data showed "adult use legalization corresponds with drops in teen marijuana use" [17].

However, more recent and granular research presents a more complex picture. A large cross-sectional study from northern California found that adolescent cannabis use initially increased after recreational legalization, then declined after the COVID-19 pandemic to pre-legalization rates by 2024 [16]. And in Canada, which legalized recreational cannabis nationally in 2018, a scoping review found that 71% of studies examining youth cannabis use rates reported increases post-legalization, especially among young adults aged 18 to 24 [18][19].

Public health researchers who oppose rescheduling point to these mixed signals and argue that federal policy should be guided by the precautionary principle — that the burden of proof should fall on those claiming rescheduling is safe, not on those raising concerns [19].

International Comparisons: Canada, Germany, and the Netherlands

The U.S. is not operating in a vacuum. Several peer nations have already moved toward regulated cannabis markets, providing comparative data — though the models differ significantly.

Canada legalized recreational cannabis nationally in October 2018 under the Cannabis Act. Research published in the years since shows a mixed picture: adult use increased, but studies on traffic-related injuries found no significant changes in emergency department presentations in Ontario and Alberta [20]. Cannabis-related arrests fell substantially. However, a significant share of consumers continued to purchase from illegal sources, and cannabis-impaired driving remained a concern [20][21].

Germany became the largest European country to legalize recreational cannabis when its Cannabis Act took effect on April 1, 2024. Germany's model permits home cultivation and nonprofit "cannabis social clubs" but prohibits commercial retail sales — a deliberate choice to limit commercial incentives [22]. It is too early for robust outcome data.

The Netherlands has tolerated cannabis sales through its "coffeeshop" system since the 1970s, though production remains technically illegal — a contradiction known as the "back door problem." A RAND Corporation analysis in 2025 noted that the Dutch model has kept cannabis use rates comparable to neighboring countries where cannabis remains illegal, but has not eliminated the illicit market [23].

A systematic review published in 2025 found common outcomes across jurisdictions: decreases in cannabis-related arrests, increases in adult (but not adolescent) cannabis use, and increases in healthcare utilization unrelated to traffic [24]. The review concluded that regulatory design — particularly whether models prioritize public health over commercial interests — "appears to significantly influence outcomes" [24].

Racial Disparities: What Rescheduling Fixes and What It Leaves Broken

Cannabis prohibition has been enforced unequally across racial lines for decades. According to the ACLU, Black Americans are nearly four times more likely to be arrested for marijuana possession than white Americans, despite comparable usage rates [25]. This ratio has remained remarkably stable over time, persisting even as overall arrest numbers declined.

Source: ACLU

Data as of Jun 1, 2024CSV

Nearly 75% of people in federal prison for drug offenses are Black or Latino [26]. In New York City, approximately 85% of those arrested for low-level marijuana possession violations were Black or Latino [25].

Rescheduling to Schedule III does not erase these disparities. The Last Prisoner Project — an organization focused on cannabis criminal justice reform — has argued that rescheduling "would leave most of the harms and racial disparities associated with criminalization unaddressed" [27][28]. Possession without a prescription would remain illegal under federal law. Existing convictions would not be automatically expunged. And the U.S. Sentencing Commission has documented that prior state marijuana convictions continue to enhance federal sentences even in states that have since legalized [29].

Full descheduling — removing cannabis from the Controlled Substances Act entirely and regulating it like alcohol and tobacco — would address more of these gaps. Under descheduling, simple possession would no longer be a federal crime, opening clearer pathways to expungement and resentencing [26][28]. Civil rights organizations including the Leadership Conference on Civil and Human Rights have called rescheduling "a step in the right direction" while arguing that "a fully restorative policy approach requires full descheduling" [26].

President Biden issued pardons in October 2022 for individuals convicted of federal simple possession — more than 6,500 people convicted between 1992 and 2021 [30]. But pardons do not reach those convicted under state law or those whose sentences were enhanced by marijuana-related priors. The structural relief that advocates seek — automatic resentencing, record expungement, and an end to federal criminal penalties for personal use — remains beyond the scope of what Schedule III reclassification delivers.

Industry Lobbying: Who Stands to Win and Lose

The financial stakes of rescheduling have attracted intense lobbying from multiple industries. The Pharmaceutical Research and Manufacturers of America (PhRMA) spends more than $25 million annually engaging Congress and federal agencies on drug-scheduling issues [31]. Individual pharmaceutical companies including Pfizer, Merck, and Johnson & Johnson have increased their engagement on cannabis policy as rescheduling advanced [31].

The pharmaceutical industry's position is not monolithically opposed to rescheduling. Rather, pharma's lobbying has focused on ensuring that Schedule III classification preserves FDA approval requirements for prescribing, maintains strict manufacturing controls, and limits "whole-plant" cannabis access in favor of FDA-regulated pharmaceutical products [31][32].

The alcohol and tobacco industries have taken more varied positions. The California Beer and Beverage Distributors contributed to a committee opposing marijuana legalization in a 2010 ballot initiative [32]. But by 2025, the picture had shifted: tobacco companies like Altria and alcohol conglomerates like Constellation Brands had made significant investments in cannabis companies, positioning themselves to enter the market rather than block it [32][33].

This shift reflects a pragmatic calculation. With 24 states already operating legal markets generating $4.4 billion annually in tax revenue, the question for many large corporations is no longer whether cannabis will be a legal market, but who will control it.

What Comes Next

The immediate order signed by Acting Attorney General Blanche covers a defined subset of the cannabis market: FDA-approved products and state-licensed medical marijuana [1]. The broader question — whether all marijuana moves to Schedule III — goes to an administrative hearing beginning June 29, 2026 [1][4].

That hearing will likely draw testimony from pharmaceutical companies seeking to preserve regulatory barriers, civil rights organizations arguing that rescheduling does not go far enough, public health researchers on both sides of the youth-use debate, and the cannabis industry itself. The outcome will determine whether the Section 280E tax relief extends to the $30 billion recreational market, whether federal research barriers fall fully, and how the U.S. positions itself relative to the growing number of nations that have moved toward regulated adult-use frameworks.

For the estimated 6 million medical marijuana patients in 43 states [6], the April 2026 order changes their relationship with federal law immediately. For the millions more who use cannabis recreationally in legal states, and for the communities that bore the brunt of prohibition enforcement, the harder questions remain on the docket.