President Trump has signed an Executive Order that recognizes medical uses of marijuana and directs the Attorney General to “take all necessary steps to complete the rulemaking process related to rescheduling marijuana to Schedule III of the [Controlled Substances Act] in the most expeditious manner in accordance with Federal law.”

Marijuana is currently controlled under Schedule I of the Controlled Substances Act. In 2023, the Department of Health and Human Services recommended to the Drug Enforcement Agency that marijuana be controlled under Schedule III of the CSA. Schedule I drugs are defined as drugs with no currently accepted medical use, a high potential for abuse, and a lack of accepted safety for use of the drug under medical supervision. Schedule III drugs are classified as having a potential for abuse less than the drugs or other substances in Schedules I and II, a currently accepted medical use in treatment in the United States, and a potential for moderate or low physical dependence or high psychological dependence in the event of drug abuse.

The recommendation from HHS included a determination that medical marijuana has a currently accepted medical use to treat at least 15 medical conditions.

Reclassifying marijuana to Schedule III will not legalize the possession or use of the drug, but will allow companies producing products with THC or CBD to operate in a legal and regulated environment.

Moreover, reclassifying marijuana will not affect the Department of Transportation’s prohibition on use of marijuana by commercial motor vehicle drivers or other transportation workers, and will not affect the DOT drug testing requirements for transportation workers.