The Drug Enforcement Administration (DEA) on April 23, 2026 issued a rescheduling order that moves Food and Drug Administration (FDA)-approved products containing marijuana (which currently consist of 4 products) and marijuana that is subject to a state medical marijuana license from Schedule I to Schedule III of the Controlled Substances Act (CSA).

These substances are still subject to requirements governing Schedule III controlled substances regarding their manufacture, distribution, and use, and therefore, the order changes, but does not eliminate, the applicable federal requirements.

The order creates an expedited registration pathway for state-licensed medical marijuana entities seeking federal DEA registration as manufacturers, distributors, and/or dispensers by allowing them, for example, to submit their existing state credential as conclusive evidence of state-law authorization. As a result, there should be more alignment and efficiencies between the federal and state levels with respect to medical marijuana.

With respect to research, the order makes it clear that “researchers who obtain marijuana or marijuana-derived products from a state licensee for use in scientific research” will not incur criminal or civil liability under the CSA, as long as the researcher is registered to conduct research under 21 C.F.R. 1301.13 and the state licensee, who provided the marijuana to the researcher, held a valid federal registration at the time of transfer. The order also provides that the use of state-licensed marijuana products in federally registered research may not be a basis for adverse action against a researcher’s registration. This order appears to loosen research restrictions, which may in turn promote further research on marijuana, which is a LeadingAge goal.

While the order reduces restrictions for some marijuana products, DEA is continuing to engage in its ongoing rulemaking process to move marijuana entirely from Schedule I to Schedule III under the CSA. DEA is planning to hold an administrative hearing beginning June 29, 2026, regarding the proposed rescheduling of marijuana. Interested parties who wish to participate in the hearing must file a written notice of intention to participate on or before May 24, 2026.