The Drug Enforcement Administration (DEA) has published a final rule moving FDA-approved marijuana products, along with marijuana covered by state medical marijuana licenses, from Schedule I to Schedule III of the Controlled Substances Act. The rule took effect today, April 28.

The order applies to FDA-approved products containing delta-9 THC derived from the marijuana plant, as well as marijuana manufactured, distributed or dispensed under a state medical marijuana license. It does not authorize nonmedical marijuana activity, meaning adult-use marijuana remains outside the scope of the new rule.

Under the rule, state-licensed medical marijuana businesses may seek expedited DEA registration as manufacturers, distributors or dispensers. The DEA says applicants can submit proof of their state medical marijuana license, with approval required unless the agency determines registration would be inconsistent with the public interest or international treaty obligations.

The rule also creates federal requirements for handling covered marijuana products, including registration, recordkeeping, security, labeling, inventory and import/export controls. Dispensaries that transfer medical marijuana to patients must register with the DEA as practitioners, while manufacturers and distributors must register under the appropriate category.

In the filing, the DEA points to a 2023 recommendation from the Department of Health and Human Services that marijuana be moved to Schedule III, noting HHS found marijuana has a lower abuse potential than Schedule I and II substances and that its abuse may lead to moderate or low physical dependence or high psychological dependence.

The move marks a major shift in federal marijuana policy, giving state medical marijuana systems a pathway to operate under federal registration while leaving broader marijuana rescheduling unresolved. A separate DEA proceeding on the rescheduling of all marijuana is scheduled to move forward with a June 29 hearing.