Order Reclassifies State-Licensed Medical Marijuana as Less Dangerous Drug, Signed by Acting Attorney General Todd Blanche

A new order signed by Acting Attorney General Todd Blanche will make state-licensed medical marijuana a less dangerous drug at the federal level. The order moves marijuana from Schedule I to Schedule III, putting state-licensed medical marijuana in the same category as some pain medications, ketamine and testosterone. Schedule I drugs are defined as “drugs with no currently accepted medical use and a high potential for abuse” while Schedule III drugs are defined as “drugs with a moderate to low potential for physical and psychological dependence,” according to the Drug Enforcement Agency (DEA). This change aligns federal guidelines with many state laws, but marijuana is still illegal at the federal level. It does not remove cannabis from the federal controlled substance list, legalize recreational use nationwide or allow unregulated sales similar to tobacco and alcohol. Although, the move could allow for expanded research and ease many of the tax and regulatory rules placed on the cannabis industry. These actions will enable more targeted, rigorous research into marijuana’s safety and efficacy, expanding patients’ access to treatments and empowering doctors to make better-informed healthcare decisions, Blanche wrote in a statement on X. President Donald Trump announced late last year that his administration would seek to reclassify marijuana, but not legalize it for medical or recreational use under federal statutes. The Justice Department is placing both FDA-approved drug products containing marijuana, and medicinal marijuana products subject to a qualifying state-issued license in Schedule III under his authority to reschedule drugs to carry out the United States’ obligations under the Single Convention on Narcotic Drugs. The effort to downgrade marijuana’s classification has been discussed and attempted by several administrations, but none were successful in finalizing a rule. Former President Joe Biden initiated a new attempt in the last year of his presidency, but it wasn’t completed before he left office. Critics blamed reluctancy from then-DEA Administrator Anne Milgram for slow-walking the process. The rule had been similarly scheduled for administrative hearings before the end of Biden’s term but was put on pause indefinitely by the DEA’s top judge.