Cannabis Rescheduling FAQ: Your Questions Answered

From taxes to timelines, here’s what cannabis rescheduling to Schedule III really means for patients, businesses, and regulators.

Legal documents and a gavel representing questions about the federal rulemaking process for cannabis rescheduling.
Common questions about cannabis rescheduling focus on how federal law and administrative rulemaking affect the process. (Image: saiarlawka9 / Depositphotos)
Latest update: President Donald Trump has signed an executive order directing the Attorney General to expedite cannabis rescheduling. [Read the full report.]
  1. Is marijuana moving to Schedule III now?

    Not yet. Federal agencies must complete a formal rulemaking process before any rescheduling takes effect.

  2. Can the Drug Enforcement Administration ignore an executive order?

    No, but President Trump’s executive order does not require the agency to reach a specific outcome. The DEA must follow administrative procedures and justify its final decision under the law.

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    President Donald Trump delivers remarks after signing an executive order to reclassify marijuana, directing federal agencies to expedite cannabis rescheduling from Schedule I to Schedule III.
  3. Can cannabis companies stop paying 280E taxes immediately?

    No. Internal Revenue Code Section 280E relief would begin only after a final rule is published and takes effect.

  4. Does Schedule III allow interstate cannabis commerce?

    No. Interstate commerce remains prohibited unless Congress passes additional legislation.

  5. Will cannabis products be FDA-approved under Schedule III?

    Not automatically. FDA approval still requires clinical trials and regulatory review.

  6. Will rescheduling help medical marijuana patients?

    Indirectly. It could expand research, normalize prescribing frameworks, and encourage insurer participation—but it does not mandate coverage.

  7. How will rescheduling affect hemp and CBD?

    Trump’s executive order urges Congress to preserve access to full-spectrum CBD, but FDA rules and recent federal hemp legislation may limit what products qualify.

  8. Can Congress block rescheduling?

    Yes. Lawmakers could attempt to overturn the process under the Congressional Review Act or pass legislation restricting agency authority.

  9. What happens if courts get involved?

    Legal challenges could delay or overturn rescheduling if procedural flaws or bias are demonstrated during the rulemaking process.

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President Donald Trump delivers remarks after signing an executive order to reclassify marijuana, directing federal agencies to expedite cannabis rescheduling from Schedule I to Schedule III.