Cannabis Rescheduling FAQ

*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.
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.