A new filing submitted today in a case before the U.S. Supreme Court adds a significant federal marijuana policy update to the record, with the Department of Justice informing the justices that a final rescheduling order has now been issued.
In a letter dated April 23, Solicitor General D. John Sauer notified the Court that the Acting Attorney General signed a final order on April 22 that partially shifts marijuana under federal law. The order places certain marijuana-related products into Schedule III—specifically those approved by the Food and Drug Administration, as well as marijuana covered by a qualifying state-issued medical license—while leaving all other marijuana classified as a Schedule I substance.
The filing was made in United States v. Ali Danial Hemani, a case that could have broader implications for federal marijuana enforcement and gun ownership laws. However, the DOJ made clear in its submission that it does not believe the rescheduling order changes the outcome of the case.
According to the government, the charges against Hemani are tied to conduct that occurred when marijuana was entirely classified as a Schedule I drug, meaning the updated classification does not apply retroactively. The DOJ also emphasized that even under the new order, the marijuana involved in the case would still fall under Schedule I because it was not part of an FDA-approved product and was not tied to a state medical marijuana program.
The filing also signals a potential path for the Court to avoid addressing broader constitutional questions tied to marijuana’s evolving legal status. The DOJ suggested that the justices could limit their ruling strictly to Schedule I marijuana, leaving questions about Schedule III marijuana—and how federal law applies to it—for a future case.
Today’s filing comes at a pivotal moment for federal marijuana policy, as the government moves forward with a partial rescheduling framework while major legal questions continue to work their way through the courts.
While the Supreme Court has not yet indicated how it will proceed, the inclusion of the new rescheduling order in the case record underscores how rapidly federal marijuana policy is shifting—and how those changes are beginning to intersect directly with high-level legal challenges.
