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Trump Signs Order to Push Marijuana Rescheduling to Schedule III

The order instructs the attorney general to expedite DEA rulemaking required for Schedule III reclassification.

Overview

  • The directive does not legalize recreational marijuana or change federal criminal penalties, with cannabis remaining illegal under federal law.
  • The order initiates a formal DOJ/DEA process rather than an immediate change in classification, with timing uncertain and public comment still required.
  • CMS announced a pilot to allow certain Medicare beneficiaries access to lawful CBD products starting as early as April 2026.
  • Rescheduling is intended to expand medical research and could relieve cannabis businesses of Section 280E tax restrictions, potentially improving access to banking.
  • Reaction split along party lines, with organized Republican opposition via letters to the White House and Democratic leaders welcoming the shift.