On April 22, 2026, the U.S. Department of Justice (DOJ) announced a final order for certain marijuana and marijuana-containing products to be rescheduled from Schedule I to Schedule III of the Controlled Substances Act (CSA). Schedule III drugs are considered less dangerous and are much less strictly controlled than Schedule I drugs. The Drug Enforcement Administration (DEA) will also hold a hearing, beginning on June 29, 2026, on the broader rescheduling of marijuana.

Background

Historically, marijuana has been controlled under Schedule I of the CSA. In general, drugs, substances and certain chemicals used to make drugs are classified under five distinct schedules depending on the drug’s acceptable medical use or dependency potential. Schedule I drugs are defined as drugs with no currently accepted medical use and a high potential for abuse.

On Dec. 18, 2025, President Donald Trump issued an executive order calling for the rescheduling of marijuana to a Schedule III drug.

Overview of the DOJ Order

In response to Trump’s executive order, the DOJ order reschedules marijuana products that have been approved by the U.S. Food and Drug Administration (FDA) from Schedule I to Schedule III of the CSA. Generally, this includes marijuana, marijuana extracts, delta-9-tetrahydrocannabinol and other compounds derived from the marijuana plant that fall outside the definition of hemp, to the extent these are included in an FDA-approved drug product or are subject to a state-issued license to manufacture, distribute or dispense marijuana or marijuana-containing products for medical purposes. The order does not legalize marijuana for recreational purposes at the federal level and does not affect the legalization of marijuana at the state level.

However, beginning on June 29, 2026, the DEA will hold a hearing to consider the broader rescheduling of marijuana from Schedule I to Schedule III. According to the DOJ, the hearing “will provide a timely and legally compliant pathway to evaluate broader changes to marijuana’s status under federal law.”

Employer Takeaways

The rescheduling may have implications for employers, particularly those with employees in safety-sensitive roles, such as drivers of commercial vehicles. Therefore, employers should monitor for updates on the rulemaking process and potential effects on workplace operations. Employers should also monitor the DEA hearing for potential implications for employers.

This Know Your Benefits article is to be used for informational purposes only and is not intended to replace the advice of an insurance professional. © 2026 Zywave, Inc. All rights reserved.