Trump orders a fast-track marijuana reschedule to Schedule III—reviving a stalled Biden-era process

Overview

Updated May 15

Trump's executive order instructing DOJ to fast-track marijuana's move to Schedule III immediately triggered a familiar split. Public health and industry groups cheered the potential research and tax impacts, while House Republicans organized opposition, urging Trump to keep marijuana in Schedule I.

The policy reality hasn't changed yet: rescheduling still requires DEA to complete the on-the-record administrative steps and withstand likely legal challenges.

Investors saw limited near-term payoff in the announcement. Cannabis stocks and a major U.S. cannabis ETF dropped sharply. CMS and FDA face pressure to clarify the promised Medicare/CBD pathway.

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Key Indicators

43,000+

Public comments on the proposed Schedule III rule

The proposed rule drew a massive comment record and remains tied up in hearing-stage administrative complexity.

40 + D.C.

Jurisdictions with medical marijuana programs

Federal policy remains out of sync with most of the country’s medical-cannabis reality.

6 million

Registered medical marijuana patients cited by the White House

The order frames rescheduling as a patient-safety and evidence gap problem, not a legalization push.

280E

Tax code penalty tied to Schedule I/II trafficking

Moving marijuana to Schedule III would likely end 280E’s denial of normal business deductions for cannabis operators.

House Republicans urging Trump to abandon Schedule III

A Sessions/Harris-led letter warned rescheduling would send the wrong message and increase harms, signaling intra-GOP resistance.

~27%

One-day drop cited for a major U.S. cannabis ETF

Market reaction suggested disappointment that rescheduling still doesn’t equal legalization, banking reform, or immediate consumer-market changes.

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People Involved

Donald Trump

President of the United States

Signed executive order directing expedited completion of marijuana rescheduling and expanded cannabinoid research

Pam Bondi

Attorney General of the United States

Directed by executive order to expedite rulemaking steps under federal law

Robert F. Kennedy Jr.

Secretary of Health and Human Services

Charged with expanding research methods and models tied to medical cannabis and hemp-derived cannabinoids

Terrance C. “Terry” Cole

Administrator, Drug Enforcement Administration

Leads the agency that must finalize (or reject) Schedule III through formal process

Dr. Mehmet Oz

Administrator, Centers for Medicare & Medicaid Services

Announced Medicare-related CBD access pilot tied to the executive order

Ron Wyden

U.S. Senator (D-Oregon); Senate Finance Committee Chair (at time of 2023 statement)

Longtime advocate for federal cannabis reform; highlighted 280E implications

Pete Sessions

U.S. Representative (R-Texas)

Co-led a House GOP letter urging Trump not to proceed with marijuana rescheduling to Schedule III.

Andy Harris

U.S. Representative (R-Maryland); Chair, House Freedom Caucus

Co-led House GOP opposition letter warning Trump against rescheduling marijuana to Schedule III.

Organizations Involved

White House

Executive Office

Issued executive order directing rescheduling acceleration and expanded cannabinoid research

The White House is using executive authority to force momentum in a rulemaking it can’t legally shortcut.

U.S. Department of Justice

Federal agency

Houses the Attorney General and oversees the rescheduling rulemaking track

DOJ is the legal gateway for rescheduling, but DEA’s process determines the finish line.

Drug Enforcement Administration (DEA)

Federal Agency

Must run the hearing-driven process and issue any final scheduling rule

DEA is where political promises go to meet administrative law.

U.S. Department of Health and Human Services (HHS)

Federal Agency

Provided scientific/medical recommendation and is tasked with expanded research models

HHS supplies the medical rationale and is now tasked to broaden the evidence base for cannabis and CBD.

Centers for Medicare & Medicaid Services

Federal Agency

Linked to a new CBD access pilot described alongside the executive order

CMS is being used to translate “CBD research” into a tangible benefits experiment for seniors.

Timeline

October 1970 December 2025

13 events Latest: December 18th, 2025 · 8 months ago Showing 8 of 13

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December 2025
Trump signs EO: “finish Schedule III”
Latest Rule Changes

Trump orders DOJ to expedite completion of the marijuana rescheduling rulemaking and expands federal research initiatives for marijuana and hemp-derived cannabinoids.
December 18th, 2025
Medicare CBD pilot revealed
Program

Administration officials describe a Medicare pilot that would provide hemp-derived CBD at no cost with a doctor’s recommendation.
December 18th, 2025
House Republicans organize opposition, urging Trump not to reschedule marijuana
Statement

Rep. Pete Sessions and House Freedom Caucus Chair Andy Harris led a letter signed by 24 additional Republicans urging Trump to keep marijuana in Schedule I and warning rescheduling would worsen public-safety risks.
December 18th, 2025
Cannabis stocks and a major U.S. cannabis ETF tumble after the EO
Market

Cannabis equities sold off sharply as investors weighed the limited near-term impact absent a completed DEA rule and broader reforms like banking access.
December 18th, 2025
July 2025
A new DEA administrator takes over amid rescheduling pressure
Personnel

Terrance “Terry” Cole is sworn in as DEA administrator as the cannabis rescheduling case remains unresolved.
July 23rd, 2025
November 2024
DEA schedules a rescheduling hearing
Legal

DEA announces formal hearing proceedings beginning Dec. 2, 2024, signaling the fight is moving to the record.
November 26th, 2024
May 2024
DOJ launches formal rulemaking for Schedule III
Legal

Justice Department submits a proposed regulation to move marijuana to Schedule III, revealing the procedural path ahead.
May 16th, 2024
April 2024
DOJ legal memo loosens the definition of medical use
Legal

OLC says DEA’s approach to “currently accepted medical use” is too narrow, backing HHS’s framework.
April 11th, 2024
August 2023
HHS recommends Schedule III
Rule Changes

HHS formally recommends moving marijuana from Schedule I to Schedule III, spotlighting medical use and research barriers.
August 29th, 2023
October 2022
Biden orders a marijuana scheduling review
Statement

President Biden asks DOJ and HHS to start a scientific review of marijuana scheduling under federal law.
October 6th, 2022
December 2018
Farm Bill carves hemp out of marijuana
Rule Changes

Congress excludes hemp (≤0.3% delta-9 THC) from the CSA definition, igniting a CBD market without a clean FDA pathway.
December 20th, 2018
September 2018
DEA schedules Epidiolex, a CBD drug
Rule Changes

After FDA approval, DEA places Epidiolex (purified CBD) in Schedule V—narrowly, not broadly legalizing CBD.
September 27th, 2018
October 1970
Federal law locks marijuana into Schedule I
Rule Changes

Congress enacts the Controlled Substances Act framework that classifies marijuana as Schedule I for decades.
October 27th, 1970

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Historical Context

3 moments from history that rhyme with this story — and how they unfolded.

1985-1999

Marinol (synthetic THC) moves to Schedule III

Synthetic dronabinol was approved for medical use and later rescheduled, culminating in a federal move from Schedule II to Schedule III for FDA-approved capsule formulations.

Then

Prescription access expanded under looser Schedule III controls than Schedule II.

Now

It sharpened the contradiction: THC medicines can be Schedule III while the plant remains Schedule I.

Why this matters now

Schedule III marijuana would widen that contradiction from a pill to a nationally pervasive state industry.

2013-2018

The Cole Memo whiplash: federal tolerance, then rescission

Obama-era DOJ guidance deprioritized federal enforcement against compliant state marijuana systems. In 2018, Attorney General Jeff Sessions rescinded that guidance, reminding states how fragile executive-era cannabis policy can be.

Then

State markets kept operating, but uncertainty and political risk spiked overnight.

Now

It reinforced that only durable law or regulation—not memos—can stabilize cannabis policy.

Why this matters now

A final Schedule III rule would be harder to reverse than a memo, but still politically contestable.

2018-06 to 2018-09

DEA reschedules a cannabis-derived medicine: Epidiolex (CBD)

FDA approved Epidiolex, a purified cannabidiol drug for rare seizure disorders. DEA then placed it in Schedule V, the least restrictive CSA schedule, emphasizing it was a narrow decision tied to an FDA-approved product.

Then

A single CBD medicine became prescribable nationwide under a controlled-substance framework.

Now

It set a template: FDA approval + rescheduling can work, but doesn’t legalize the broader market.

Why this matters now

Trump’s order leans on the same logic—medical use and controlled pathways—without broad legalization.