Did cannabis get rescheduled? Partly: cannabis rescheduling has moved in stages since 2022. As of October 2026, only two groups of marijuana products sit in Schedule III: drugs approved by the FDA and marijuana covered by a state medical marijuana license. Everything else, including adult-use cannabis, is still Schedule I under federal law.
Here is what the schedules mean, how we got here and what it all means at a Michigan counter.
The Controlled Substances Act schedules in brief
The Controlled Substances Act, passed in 1970, sorts regulated drugs into five schedules. Placement depends on a drug's potential for abuse, whether it has a currently accepted medical use and how much dependence it can cause. When Congress passed the law, it put marijuana in Schedule I.
| Schedule | What the law says | Examples from federal documents |
|---|---|---|
| I | High potential for abuse, no currently accepted medical use, a lack of accepted safety under medical supervision | Heroin, LSD, ecstasy, and adult-use marijuana |
| II | High potential for abuse, an accepted medical use, and abuse may lead to severe dependence | Cocaine, methamphetamine, oxycodone, fentanyl |
| III | Lower abuse potential than I and II, an accepted medical use, and moderate or low physical dependence | Ketamine, anabolic steroids, some codeine products, and since April 2026, state-licensed medical marijuana |
| IV and V | Lower abuse potential and more limited dependence than the schedule above each one | Not part of the marijuana proposals |
A drug's schedule sets how tightly it's controlled: who may make or handle it, what records they keep and how research works. A schedule doesn't, by itself, make a drug legal to buy.
The law gives the Attorney General the power to schedule, reschedule or remove a drug, and that power is delegated to the head of the Drug Enforcement Administration (DEA). The federal health department, HHS, supplies a scientific and medical evaluation. A review can start at the Attorney General's own initiative, at HHS's request or through a petition from any interested party.
Petitions to reschedule marijuana are nothing new. The DEA turned them down in 2001, 2011 and twice in 2016, and in 2016 HHS agreed that marijuana still met the criteria for Schedule I. In its 2023 review, HHS reached a different view: that marijuana has a lower potential for abuse than drugs in Schedules I and II. For what research says about cannabis's risks, see our look at common cannabis myths.
Rescheduling vs. descheduling
Rescheduling moves a drug from one schedule to another. It remains a controlled substance with federal rules attached. The 2024 proposal was explicit on this point: even in Schedule III, making, distributing, dispensing and possessing marijuana would stay subject to the federal law's criminal provisions.
Descheduling removes a substance from the Controlled Substances Act altogether. Hemp is the familiar example. It's excluded from the federal definition of marijuana, and the April 2026 order says it doesn't change hemp's status. Our guide to hemp vs. marijuana explains where that line falls.
So the rescheduling vs. descheduling question comes down to this: one changes the level of federal control, and the other ends it.
How cannabis rescheduling got here: a dated timeline
Marijuana rescheduling has unfolded over four years, and the dates matter:
| Date | What happened |
|---|---|
| Oct. 6, 2022 | President Biden asked the Attorney General and the HHS Secretary to review how marijuana is scheduled. |
| Aug. 29, 2023 | HHS recommended moving marijuana to Schedule III. |
| May 21, 2024 | The Justice Department proposed moving marijuana to Schedule III. |
| Aug. 29, 2024 | The Drug Enforcement Administration (DEA) announced a hearing on the proposal. |
| Jan. 13, 2025 | The judge overseeing the hearing stayed the proceedings pending an appeal filed by two participants. The stay never lifted, and the hearing never took place. |
| December 2025 | Executive Order 14370 directed the Attorney General to complete the rescheduling process as quickly as federal law allows. |
| Apr. 28, 2026 | A final federal order moved marijuana drugs approved by the FDA, and marijuana covered by a state medical marijuana license, to Schedule III, effective that day. The DEA also withdrew the 2024 hearing notice and scheduled a new hearing. |
| June 29 to July 15, 2026 | The DEA's chief administrative law judge heard 11 days of testimony on the broader proposal. |
| Late October 2026 | The judge allowed extra written briefs, with replies due Nov. 5, and kept the case on hold until briefing closed. His recommended decision was still pending, and no final decision on moving all marijuana had been published. |
That leaves two tracks. A narrower order covering medical marijuana and drugs approved by the FDA is already in effect. The broader proposal, which covers all marijuana including adult-use, is still working its way through.
Why did the medical track move first? The April order relied on a separate part of the law tied to U.S. treaty obligations under the Single Convention on Narcotic Drugs. That route lets the Attorney General place a drug by order, without the findings and rulemaking steps, including a hearing, that the usual path requires. The broader proposal follows the standard path, which is why it went back to a hearing.
What the April 2026 order does now
For now, Schedule III marijuana means two things: drug products approved by the FDA that contain marijuana, and marijuana in any form covered by a state medical marijuana license. Any other marijuana remains a Schedule I substance, with the same federal controls as before.
For state medical licensees, the order created an expedited path to register with the DEA. Applications filed within 60 days of publication are to be processed within six months, and early applicants may keep operating under their state licenses while they wait. A federal registration is automatically suspended if the state license is suspended, revoked or expires, so federal approval tracks the state's. These registrations don't authorize non-medical use.
The order also adds permit requirements for importing and exporting these products. Prescriptions are required before marijuana drug products approved by the FDA are dispensed, except when a DEA-registered practitioner dispenses them directly.
What Schedule III could change: research and the 280E cannabis tax
Section 280E
Section 280E of the federal tax code bars businesses that traffic in Schedule I or II substances from deducting ordinary business expenses. That has kept cannabis businesses from taking deductions most other businesses take for granted.
The April 2026 order says state medical marijuana licensees will no longer be subject to 280E, because the provision applies only to Schedules I and II. It adds that it isn't a determination of anyone's tax liability and that licensees should consult tax counsel. The order's 280E note covers state medical licensees; adult-use marijuana remains in Schedule I. The 2024 proposal noted that if all marijuana moves to Schedule III, 280E would no longer bar those deductions.
Research access
Schedule I comes with the tightest research controls. Under the April 2026 order, researchers who get marijuana products from a state licensee for scientific research won't face federal liability solely because of that source. Two conditions apply: the researcher must hold a DEA registration for marijuana research, and the licensee must have held a valid federal registration at the time of the transfer. The DEA also may not use a researcher's reliance on state-licensed products as grounds for action against the researcher's registration.
The December 2025 executive order that pushed the process forward was titled "Increasing Medical Marijuana and Cannabidiol Research." For the broader proposal, the 2024 notice added that research on a Schedule III substance may follow different DEA protocols than Schedule I research.
What rescheduling doesn't change
Rescheduling is a federal change, and a lot stays exactly where it was:
- State law. The April 2026 order says it doesn't have substantial direct effects on the states. Michigan's adult-use and medical programs keep running under Michigan law.
- Michigan's age and purchase rules. Adult-use buyers must be 21 or older, and stores check a valid ID before every sale. A single adult-use transaction is capped at 2.5 ounces, with no more than 15 grams as concentrate.
- Crossing state lines. Taking cannabis across a state line remains illegal under federal law, even between two states where it's legal. The April order doesn't address interstate travel, and it doesn't say that patients may carry medical marijuana across state lines or onto federal property. Our guide to flying with cannabis covers air travel.
- Federal jobs and firearms. The April order doesn't mention federal employment or gun purchases, and adult-use cannabis is still Schedule I. If either question affects you, talk to a lawyer before assuming anything has changed.
- Legalization. Rescheduling isn't legalization. Even the broader proposal would keep marijuana under the federal law's criminal provisions.
At the counter in Michigan: what changes for shoppers
What rescheduling means for consumers depends on how you shop. For adult-use shoppers, nothing changes at the counter. You'll still show valid ID, the same purchase limits apply and Michigan's state taxes on adult-use sales stay in place.
For registered medical patients, the April order does cover marijuana sold under a state medical license. It's aimed at the businesses, though: their federal registration and how they dispense. It doesn't settle questions about travel or federal property.
A few practical reminders hold either way. Keep cannabis at home or another private place, since rescheduling doesn't change where you can use it. Don't drive after using it. And don't pack it for a trip out of state, whatever the schedule says.
Our Michigan cannabis laws guide covers possession, purchase limits and where you can use cannabis, and our FAQ answers common visit questions. At High Society, recreational shopping is for adults 21 and older with a valid government-issued ID, and that hasn't changed.
Next steps to watch
A few milestones will shape what happens to the broader proposal:
- The judge's recommended decision. This is the next formal step after the summer 2026 hearing.
- Exceptions from the parties. Designated participants may file objections for the DEA Administrator to consider.
- The DEA Administrator's final determination. This is the step that would decide whether all marijuana, including adult-use, moves into Schedule III.
- Effective dates and details. If a broader change is finalized, watch for when it takes effect and how it's carried out.
Timelines have slipped before, so be wary of predicted dates. To follow along, search the Federal Register for "rescheduling of marijuana," where the DEA publishes its notices.
