April 23, 2026
It’s High Time? Marijuana Gets One Step Closer to Broad Rescheduling
On August 29, 2023, the U.S. Department of Health and Human Services recommended marijuana (botanical cannabis) be rescheduled from Schedule I to Schedule III under the Controlled Substances Act. Now, nearly three years later, the Justice Department and Drug Enforcement Agency issued an order on April 23rd, immediately placing both FDA-approved products containing marijuana and marijuana products regulated by a state medical marijuana license in Schedule III of the Controlled Substances Act. The order also initiates an expedited administrative hearing process to consider the broader rescheduling of marijuana from Schedule I to Schedule III.
What is the practical impact in the employment context? Physicians may now prescribe FDA-approved cannabis products. Previously, marijuana and related products containing certain levels of THC could only be medically authorized but not prescribed since they were “illegal” drugs under federal law. Now, like other prescribed medications, FDA-approved cannabis products must be “issued for a legitimate medical purpose by an individual practitioner acting in the usual course of professional practice.”
The final rule reads that it takes effect the date it is published in the Federal Register (FR). As of this writing, the FR reads that it is scheduled to be published tomorrow, April 28th. Review your current substance use and related policies. Talk to your company’s legal counsel to determine what changes, if any, you may need to make.
Next up? The hearing referenced above is scheduled for June 29, 2026, to address the broader rescheduling of marijuana from Schedule I to Schedule III.
