Marijuana and Schedule III: The Exact Federal Position as of August 20, 2026

As of August 20, 2026, the federal record describes two separate actions: a final rule effective April 28, 2026, covering specified FDA-approved drug products and marijuana connected to state medical-marijuana licenses, and a separate proposed transfer of marijuana generally from Schedule I to Schedule III that remained in the rulemaking process in the dated record.

By Cannible Editorial

2026-08-05

This is general information, not individualized legal, medical, business, or compliance advice. For a decision affecting a person or business, consult a qualified professional.

The federal record contains two separate tracks

The first track is a final rule that took effect on April 28, 2026. The second track is a proposed rule, originally published on May 21, 2024, that would transfer marijuana generally from Schedule I to Schedule III. A proposed rule is not a final rule, and the final rule must not be read as a general rescheduling of marijuana. 1 3 4

Track One: The final rule effective April 28, 2026

The April 28, 2026 final rule places in Schedule III drug products containing marijuana that have been approved by the Food and Drug Administration. Its stated scope also reaches, to the extent included in an FDA-approved drug product or subject to a state-issued license to manufacture, distribute, and/or dispense marijuana or products containing marijuana for medical purposes, marijuana as defined in the Controlled Substances Act, marijuana extracts, and delta-9-tetrahydrocannabinol and other compounds derived from the marijuana plant, other than mature stalks and seeds, that fall outside the definition of hemp. 1

The final rule is limited to the categories and conditions stated in the rule. The evidence does not support describing it as placing all marijuana, all marijuana products, or the general marijuana supply in Schedule III. 1

The final rule also adds such drugs to the substances that may be imported or exported only pursuant to a permit. 1

The final rule establishes an expedited registration process under 21 CFR part 1301 for entities holding state medical-marijuana licenses, allowing them to manufacture, distribute, and/or dispense marijuana for medical purposes under federal law consistent with the stated treaty-related requirements. 1

This federal final rule does not establish or describe any state-law change. The evidence does not state what any particular state permits or requires. 1

Track Two: The proposed transfer of marijuana generally

On May 21, 2024, the Department of Justice published a Notice of Proposed Rulemaking proposing to transfer marijuana from Schedule I to Schedule III. The proposal stated that formal rulemaking on the record after an opportunity for a hearing was required. Because it was a proposed rule, it was not itself a completed transfer or final agency action. 4

The proposed rule’s hearing history

August 29, 2024: DEA published a notice of hearing on the proposed rule. That notice announced a hearing beginning December 2, 2024. 2 3

January 13, 2025: The presiding administrative law judge issued an order staying the hearing proceedings pending resolution of an interlocutory appeal. The record states that the proceedings remained stayed at the time of the later withdrawal action. 3

December 18, 2025: The President issued Executive Order 14370 directing the Attorney General to take necessary steps to complete the rescheduling rulemaking process as expeditiously as permitted by federal law. 2 3

April 22, 2026: The Acting Attorney General signed the withdrawal document. It withdrew the August 29, 2024 notice of hearing, cancelled the hearing on the proposed rule, and terminated the related proceedings. 3

April 28, 2026: The withdrawal became effective, with the record stating that the August 29, 2024 notice of hearing was withdrawn and all hearing proceedings related to it were terminated as of that date. 3

April 28, 2026: DEA issued a new notice of hearing on the still-proposed rule. The notice stated that the new hearing would begin June 29, 2026, and conclude no later than July 15, 2026, subject to the stated hearing procedures. 2

A notice that a hearing will be held is not a completed agency action adopting the proposed transfer. The evidence supplied here does not record what happened after the scheduled conclusion date of July 15, 2026, including whether the hearing concluded, whether a final rule was issued, or whether the proposed transfer took effect. It therefore does not support saying that marijuana generally is in Schedule III as of August 20, 2026. 2 3

What readers should not infer

The final rule’s effective date of April 28, 2026, is not an announcement that marijuana generally was rescheduled. It applies to the narrower categories described in the final rule. 1

The proposed transfer announced on May 21, 2024, the withdrawn hearing notice dated August 29, 2024, and the new hearing notice dated April 28, 2026, are procedural steps in a proposed rulemaking, not evidence of an enacted general transfer. 3 2

The federal actions described here do not determine the law of any state. The evidence does not provide a state-by-state analysis. 1 4