DEA seeks to move cannabis to Schedule III

The U.S. Drug Enforcement Administration (DEA) has formally requested that an administrative judge recommend moving cannabis from Schedule I to Schedule III under the Controlled Substances Act. In a brief filed on August 17, 2026, the agency argued that cannabis no longer meets the criteria for Schedule I, which is reserved for substances with a high potential for abuse and no currently accepted medical use.

While a move to Schedule III would not make cannabis federally legal, it would represent a significant shift in federal classification, as Schedule III includes substances with accepted medical use and lower abuse potential.

In response to the ongoing rescheduling process, a bipartisan group of House lawmakers has petitioned the Trump administration for clarity on the implementation of the Schedule III framework. In a letter dated August 18, Representatives Dina Titus, David Joyce, Ilhan Omar, and Greg Steube requested guidance on how the change will impact patients, businesses, taxes, and healthcare coverage.

Specific concerns raised by lawmakers include worker protections, privacy safeguards, home cultivation, and whether the Department of Justice will coordinate with the Centers for Medicare & Medicaid Services regarding reimbursement for Schedule III medical marijuana products.