05/19/2026
On April 26, 2026, the US Department of Justice issued a final order that rescheduled some cannabis from Schedule I to Schedule III: drug products that contain cannabis that have been approved by the Food and Drug Administration or products that are regulated by state-run medical cannabis programs. Notably, recreational cannabis programs in the states were not included in this order, and the order does not legalize cannabis, writes cannabis policy expert Heather Trela. And while the order is relatively straightforward from a 30,000-foot perspective, when you get into the weeds, there remain substantial unanswered questions.
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The recent rescheduling order issued by the Department of Justice is an important landmark in cannabis policy, but it creates a new set of policy considerations.