Full Breakdown
Trump Administration Reclassifies State-Licensed Medical Marijuana to Schedule III
4/26/2026, 4:00:22 AM
Core Policy Shift
On 23 April 2026 Acting Attorney General Todd Blanche signed an order, at President Donald Trump’s direction, moving federally-approved and state-licensed medical cannabis from Schedule I (the most restrictive category, alongside heroin) to Schedule III (moderate-to-low dependence potential). The order applies only to products covered by a state medical license or FDA approval; it does not legalize marijuana for medical or recreational use at the federal level.
Background & Context
Congress barred the Justice Department from shutting down state medical programs in 2015, but the drug remained a Schedule I substance since the 1970 Marihuana Tax Act. President Barack Obama commuted roughly 1,900 non-violent federal drug sentences; President Joe Biden pardoned about 6,500 marijuana users. Both administrations initiated reviews of the scheduling, but the process stalled until Trump’s December 2025 executive order accelerated it.
Key Figures & Groups
- Todd Blanche – Acting Attorney General, signatory of the order.
- Jason Ortiz, Director, Last Prisoner Project – advocates for clemency for incarcerated individuals.
- Cat Packer, Director, Drug Policy Alliance – notes that schedule-specific penalties and mandatory minimums remain.
- Marta Nelson, Director, Vera Institute of Justice – calls for broader reform beyond rescheduling.
- Michael Bronstein, President, American Trade Association for Cannabis and Hemp – calls the move “the most significant federal advancement in cannabis policy in over 50 years.”
- Kevin Sabet, CEO, Smart Approaches to Marijuana – opposes the change, labeling it a “giveaway” to industry.
- Ilhan Omar (D-MN) and David Joyce (R-OH) – members of the Congressional Cannabis Caucus urging legislative action.
- Morgan Fox, Executive Director, NORML – describes the shift as largely symbolic.
Data & Statistics
- 40 states and the District of Columbia permit medical cannabis; 24 states plus D.C. allow adult recreational use.
- Idaho and Kansas remain the only states prohibiting all cannabis.
- Black Americans are 3.7–4 times more likely than whites to be arrested for possession, despite comparable usage rates.
- Federal tax code Section 280E currently bars deductions for Schedule I/II drugs; reclassification to Schedule III enables such deductions for licensed medical operators.
- The DEA’s hearing on broader rescheduling is set for 29 June 2026.
Official Statements & Responses
The Department of Justice said the order “delivers on President Trump’s promise to expand Americans’ access to medical treatment options” and will “enable more targeted, rigorous research into marijuana’s safety and efficacy.” Blanche’s accompanying post on X emphasized that the change “provides immediate and long-term clarity to researchers, patients, and providers while maintaining strict federal controls against illicit drug trafficking.” The DEA announced it will conduct an expedited administrative hearing to consider full rescheduling.
Criticism & Opposition
Smart Approaches to Marijuana’s Kevin Sabet warned that the move “creates a tax break for Big Weed while sending a confusing message about marijuana’s harms.” Republican Senator Tom Cotton (R-AR) called the shift “a step in the wrong direction,” citing concerns about potency, psychosis, and traffic fatalities. NORML’s Morgan Fox labeled the action “mostly symbolic,” noting that without de-scheduling, many enforcement and equity issues persist.
Why It Matters
Reclassification lowers research barriers, allowing scientists to obtain state-licensed cannabis without Schedule I licensing hurdles. Tax deductions improve cash flow for medical dispensaries, potentially widening financial gaps because most licensees are white-owned. However, the order does not alter mandatory minimum sentences, expunge records, or address equity programs, leaving many incarcerated individuals and communities of color without immediate relief.
Conflicting Reports & Gaps
Sources disagree on whether the schedule change will affect existing mandatory minimums for simple possession; the Drug Policy Alliance asserts penalties remain, while the administration’s statement is silent. Guidance on patient rights—such as travel, housing, and employment protections—has not been issued, creating uncertainty for medical users.
Verbatim Quotes
- “While this is a victory, the fight is far from over,” — Jason Ortiz, Last Prisoner Project.
- “Policy is now being dictated by marijuana CEOs, psychedelics investors, and podcasters in active addiction.” — Kevin Sabet, Smart Approaches to Marijuana (text message).
- “This rescheduling action allows for research on the safety and efficacy of this substance, ultimately providing patients with better care and doctors with more reliable information.” — Todd Blanche, Acting Attorney General.
- “we are now confronted with the most pro-drug administration in our history.” — Kevin Sabet, Smart Approaches to Marijuana.
- “The order is silent about how this change affects medical cannabis patients who have long faced violations of their civil rights and lost jobs, insurance and housing because of their medical needs,” — Shaleen Title, Cannabis Policy Attorney.
What’s Next
The DEA will hold its June 29 hearing on full rescheduling, after which the agency may propose moving all cannabis to Schedule III or lower. Advocacy groups are urging Congress to pass comprehensive legislation for expungements, equitable licensing, and federal tax relief. Legal challenges from anti-legalization groups are expected, making the upcoming months pivotal for the policy’s ultimate scope.
