Attorney General Final Order Schedule I to Schedule III
- EARTH Law, LLC

- 17 hours ago
- 2 min read

The U.S. Department of Justice, through the Drug Enforcement Administration (DEA), has issued a landmark final order significantly reshaping the federal treatment of marijuana-based medications.
Effective April 22, 2026, the order moves certain Food and Drug Administration (FDA)-approved drug products containing marijuana from Schedule I to Schedule III under the Controlled Substances Act. It also creates a pathway for state-licensed medical marijuana operators to engage in federally recognized activities through an expedited registration process.
DEPARTMENT OF JUSTICE
AGENCY: Drug Enforcement Administration, Department of Justice.
ACTION: Final order.
Schedules of Controlled Substances: Rescheduling of Food and Drug Administration Approved Products Containing Marijuana and Products Containing Marijuana Subject to a Qualifying State-issued License From Schedule I to Schedule III; Corresponding Change to Permit Requirements
SUMMARY:
With the issuance of this final order, the Acting Attorney General of the U.S. Department of Justice places drug products containing marijuana that have been approved by the Food and Drug Administration (FDA) in Schedule III of the Controlled Substances Act (CSA).
This action is required to satisfy the responsibility of the Administrator under the CSA to place a drug in the schedule he deems most appropriate to carry out United States obligations under the Single Convention on Narcotic Drugs, 1961. In general, this final order applies to marijuana as defined in the CSA, marijuana extracts, and delta-9-tetrahydrocannabinol and other compounds derived from the marijuana plant (other than the mature stalks and seeds) that falls outside the
definition of hemp, to the extent that any of these are included in an FDA-approved drug product
or are subject to a state-issued license to manufacture, distribute, and/or dispense marijuana or
products containing marijuana for medical purposes ("state medical marijuana license").
Also consistent therewith, this final order adds such drugs to the list of substances that may only be
imported or exported pursuant to a permit. This final order also establishes an expedited registration process under 21 CFR part 1301 for entities holding state medical marijuana licenses,
enabling such entities to engage in the manufacture, distribution, and/or dispensing of marijuana
for medical purposes under federal law consistent with the requirements of the Single Convention.
DATES: Effective April 22, 2026.
Read the full notice here: https://www.justice.gov/opa/media/1437441/dl


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