Yes, in part. On April 28, 2026, the Drug Enforcement Administration (DEA) moved two groups of marijuana products from Schedule I to Schedule III of the Controlled Substances Act: FDA-approved drug products that contain marijuana, and marijuana covered by a state medical marijuana license.
All other marijuana, including adult-use (recreational) marijuana, remains in Schedule I. A broader hearing on moving all marijuana to Schedule III began on June 29, 2026, and was paused on September 29, 2026.
For decades, the federal stance on marijuana remained relatively fixed, which makes the 2026 order a notable shift.
Historical Context: How We Got Here
The Controlled Substances Act and Schedule I Classification
In 1970, Congress passed the Controlled Substances Act (CSA), establishing a framework for regulating drugs based on their medical utility and abuse potential. Marijuana was classified as a Schedule I substance, the most restrictive category, alongside heroin and LSD. This designation indicated that marijuana was considered to have:
- A high potential for abuse,
- No accepted medical use in treatment, and
- A lack of accepted safety for use under medical supervision.
This classification has remained controversial for over 50 years, as research has emerged suggesting the therapeutic benefits of cannabis in treating conditions such as chronic pain, epilepsy, and nausea from chemotherapy.
The Fight for Rescheduling
Since the 1970s, advocates have pushed for marijuana to be removed or rescheduled within the CSA. Key milestones include:
- 1972 NORML Petition: The National Organization for the Reform of Marijuana Laws (NORML) filed a petition to reschedule marijuana. After years of litigation, the DEA denied the petition in 1992, finding that marijuana lacked a "currently accepted medical use." A federal appeals court upheld the denial in 1994.
- 1996 State Legalization Efforts: California became the first state to legalize medical marijuana with Proposition 215. Over the next two decades, dozens of states followed suit, creating a patchwork of state laws inconsistent with federal policy.
- 2002 Coalition for Rescheduling Cannabis Petition: This petition brought renewed attention to marijuana's status, but the DEA denied it in 2011, finding no currently accepted medical use. The DEA denied two more rescheduling petitions in 2016.
- Public and Scientific Shifts: By the late 2010s, public opinion had dramatically shifted. A Pew Research Center survey in 2021 found that 91% of Americans supported either medical or complete legalization of marijuana. Simultaneously, research began to challenge earlier views about marijuana and its medical efficacy.
In October 2022, President Biden called on the Secretary of Health and Human Services (HHS) and the Attorney General to review marijuana. This marked a significant turning point, as the HHS subsequently recommended rescheduling marijuana to Schedule III in 2023. This recommendation acknowledged that:
- Marijuana has an accepted medical use,
- Its potential for abuse is lower than Schedule I or II drugs, and
- Its abuse may lead to moderate or low physical dependence.
In May 2024, the Department of Justice proposed a rule to move marijuana to Schedule III.
What Changed in 2025 and 2026
The hearing planned for early 2025 did not produce a decision. As of December 2025, the 2024 proposed rule was still awaiting an administrative law hearing.
On December 18, 2025, Executive Order 14370 directed the Attorney General to complete the rulemaking to move marijuana to Schedule III as quickly as federal law allows.
On April 28, 2026, the DEA issued a final order (91 FR 22714), effective that day. It placed FDA-approved marijuana products and marijuana covered by a state medical marijuana license in Schedule III (21 CFR 1308.13(g)).
An expedited hearing on moving all marijuana to Schedule III ran from June 29 through July 15, 2026. On September 29, 2026, the DEA’s administrative law judge stayed the case while considering a request to add a new report to the record. As of October 20, 2026, the stay remained in place and no final decision on broader rescheduling had been issued.
Rescheduling marijuana has significant implications for professionals in workplace compliance, healthcare, and law enforcement. Continuing education is essential for adapting to these changes and ensuring the effective implementation of policies.
Implications for Employers
With part of the change already in effect, employers and professionals in fields related to workplace safety and regulatory compliance may need to reevaluate their current policies. For example:
- DOT Testing: DOT drug testing rules did not change. Marijuana is still on the DOT test panel (49 CFR 40.82). On May 15, 2026, DOT issued an official Part 40 Q&A on what a Medical Review Officer may not consider when verifying a marijuana positive. See this FAQ on MRO review.
- Policy Revisions: Employers rely on federal schedules to guide their internal substance policies. Altering marijuana policies may prompt employers to update their testing protocols, clarify permissible use under medical guidelines, and ensure adherence to state and federal regulations.
- Interpreting Conflicting Standards: Many states have already introduced varying degrees of legalized marijuana use, creating a complex compliance environment. If federal rules shift, organizations may need to reconcile previously conflicting positions, ensuring that workplace policies align with evolving requirements.
- Staying Informed: As studies on marijuana and applications continue, professionals engaged in compliance, human resources, and legal guidance must remain knowledgeable about changes. A comprehensive understanding will help them address new challenges as the regulatory landscape evolves.
- Professional Education: Marijuana's rescheduling underscores the need for ongoing education for legal and compliance professionals. Staying updated on regulations, science, and policies ensures lawful, informed workplace practices. Regular training and certifications help professionals who maintain employ drug-free workplaces or perform drug testing adapt and provide practical guidance in a rapidly evolving regulatory landscape.
Does rescheduling change DOT drug testing?
Rescheduling does not by itself change DOT drug testing. Marijuana metabolites are on the DOT urine panel in 49 CFR 40.85, and the DOT panel is set in 49 CFR Part 40. Most marijuana remains in Schedule I (21 CFR 1308.11). Marijuana in an FDA-approved drug product or subject to a state medical marijuana license has been in Schedule III since April 28, 2026 (21 CFR 1308.13(g)).
What Lies Ahead?
The remaining question is whether all marijuana will move to Schedule III. That depends on the outcome of the paused hearing and a final DEA order. In each scenario, the implications extend beyond law enforcement. They touch upon how employers manage personnel, how medical professionals advise patients, and how the public interprets marijuana use's benefits and potential drawbacks.
In the coming months, stakeholders, from corporate counsel to the human resources team, would be well advised to monitor these developments. As events unfold, the ability to adapt policies and practices to reflect updated federal guidelines will prove essential. The 2026 order marks a turning point and serves as a reminder that what was once considered settled law may now be subject to reconsideration in an evolving regulatory climate.