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Trump Orders Fast-Track DOJ Push to Reschedule Marijuana to Schedule III

Attention now shifts to a DOJ process that could move quickly under Section 811, with potential court challenges ahead.

Overview

  • President Trump’s Dec. 18 executive order directs Attorney General Pam Bondi to complete rulemaking to move marijuana from Schedule I to Schedule III in the most expeditious manner allowed by law.
  • The order does not legalize marijuana or permit interstate commerce, and FDA rules and DEA registration requirements would still govern any medical use and research pathways.
  • Officials are weighing an expedited route under 21 U.S.C. §811 that could shorten or skip public comment, though opponents are preparing litigation that could slow or alter the outcome.
  • If rescheduling is finalized, state-licensed cannabis businesses expect relief from IRS Section 280E, while banking limits and anti–money laundering obligations would largely remain in place.
  • The directive also launches work on a federal framework for hemp-derived cannabinoids and a CMS pilot for some Medicare patients to access certain cannabinoid therapies, alongside enhanced research initiatives.