Trump Administration Reclassifies State-Licensed Medical Marijuana as Schedule III Substance

By Stephen Humphries

*Published: 2026-04-24T05:00-05*

The Trump administration has initiated a change in federal marijuana regulations. A Justice Department order issued on Thursday reclassified state-licensed medical marijuana, moving it from Schedule I – a category shared with drugs such as heroin and LSD – to Schedule III. The administration is also pursuing broader reclassification of marijuana on an expedited basis, with a Drug Enforcement Administration hearing set for June 29.

Marijuana remains illegal under federal law for any purpose. However, 40 states and the District of Columbia allow its use for medical or recreational purposes. The reclassification of state-licensed medical marijuana to Schedule III subjects it to fewer federal restrictions, potentially making businesses eligible for federal tax deductions previously unavailable to them.

Public Opinion on Marijuana Remains Divided

Public views on marijuana are mixed. A 2024 Gallup poll found that a slim majority of Americans believe marijuana harms most users and is detrimental to society, a more negative assessment than in a 2022 poll, despite expanding legal cannabis sales nationwide. In contrast, a Pew Research Center survey from the previous year showed that only 12% of respondents opposed all forms of marijuana legalization: 33% supported medical use only, and 54% favored both medical and recreational legalization.

President Donald Trump has characterized his marijuana policies as a “common sense” approach, noting that many Americans view the drug as less harmful than alcohol. However, 22 Republican senators and 26 House Republicans sent letters to the president last year expressing opposition to reclassification. Their arguments included concerns that relaxed regulations could increase youth exposure to marijuana, contribute to road safety risks, and facilitate links to fentanyl trafficking. These letters preceded Trump's December order to accelerate the process.

Origins and Timeline of the Policy Shift

The reclassification effort originated during the Biden administration. Biden's 2020 campaign platform called for cannabis decriminalization. In August 2023, the Department of Health and Human Services (HHS) conducted a scientific and medical evaluation, concluding that marijuana has a currently accepted medical use in the United States – based on evidence from state-approved programs – and a potential for abuse lower than substances in Schedules I and II. HHS recommended moving it to Schedule III. The Justice Department formally proposed reclassification the following year. When Trump took office in 2025, the DEA was reviewing public comments on the proposal. In December 2025, Trump directed a fast-tracking of the process.

Trump stated that the move responds to individuals seeking pain relief but emphasized, “It doesn’t legalize marijuana in any way, shape or form, and in no way sanctions its use as a recreational drug.”

The marijuana development follows Trump's recent executive order directing federal agencies to ease restrictions on psychedelic drugs including psilocybin and ibogaine. Influential podcaster Joe Rogan, who supports ibogaine, lobbied the president for a review. At an Oval Office signing event this month, Rogan recounted a text from Trump: “Sounds great. Do you want FDA approval? Let’s do it.”

Debate Centers on Medical Use and Industry Impacts

Acting Attorney General Todd Blanche signed the Thursday order, stating that the Justice Department is “delivering on President Trump’s promise to expand Americans’ access to medical treatment options,” and that it opens opportunities for further research on the substance's safety and efficacy.

Critics question the move. Kevin Sabet, chief executive of the Foundation for Drug Policy Solutions and Smart Approaches to Marijuana – organizations that oppose commercialized marijuana legalization while rejecting incarceration for users – argued that marijuana lacks Food and Drug Administration-approved medical uses, making a Schedule III designation without prescriptions unprecedented. Sabet described the reclassification as a “giveaway” to the marijuana industry and said it bypasses required DEA rulemaking processes. His groups plan a legal challenge. “We need to not allow an industry to copy Big Tobacco as they are and use celebrities, advertise on freeways,” Sabet said.

Alex Berenson, author of the 2019 book “Tell Your Children” – which argues cannabis can cause severe psychiatric effects in a minority of users and contribute to violence – called Trump's distinction between medical and recreational use “artificial.” He said, “This is a recreational drug, that’s all it’s ever been, that is all it is today. If we’re going to legalize it, we should legalize on that basis.” Berenson suggested the approach would exacerbate public confusion.

On the other side, Bryon Adinoff, president of Doctors for Drug Policy Reform, stated that while reclassification reduces research barriers, it keeps “virtually all cannabinoid products illegal, except for a small number approved by the FDA as medicines.” Adinoff advocated ending criminalization, enabling medical access, and addressing cannabis as a public health issue with research into benefits and risks.

Decriminalization advocates welcomed the step but called for more. “Americans deserve marijuana reform that fully ends and addresses the harms of criminalization, which includes needless arrests, incarceration, and lasting barriers to jobs, housing, and employment,” said Cat Packer, director of drug markets and legal regulation at the Drug Policy Alliance, in a news release.

Berenson speculated that politics motivates the administration: “I suspect he thinks that, politically, it’s what a portion of his base wants.”

The reclassification applies specifically to state-licensed medical marijuana programs, reflecting ongoing tensions between federal prohibitions and state-level implementations. As the June DEA hearing approaches, the policy's broader implications – including research funding, taxation, and interstate commerce – remain subjects of contention among lawmakers, health experts, and industry stakeholders.

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