President Trump on December 18, 2025 issued an executive order (EO) directing the Department of Justice to Reschedule Marijuana from Schedule 1 to Schedule 3 under the Controlled Substances Act.

“The Federal Government’s long delay in recognizing the medical use of marijuana does not serve the Americans who report health benefits from the medical use of marijuana to ease chronic pain and other various medically recognized ailments,” the  EO says. The EO does not decriminalize marijuana, which many states have done.

In 2023, the Department of Health and Human Services (HHS) recommended to the Department of Justice Drug Enforcement Agency (DEA) that marijuana be controlled under Schedule III of the CSA. In May 2024, the DEA initiated a formal rulemaking process to consider moving marijuana from a Schedule I to a Schedule III drug. The CSA regulates the distribution, use, possession, and manufacture of certain drugs and other substances. Substances become subject to the CSA through placement in one of five lists, known as Schedules I through V, and the DOJ is authorized to determine appropriate scheduling for a given substance. A lower schedule number carries greater restrictions under the law, with controlled substances in Schedule I subject to the most stringent controls, and Schedule V subject to less stringent controls. In response to a DEA proposed rule in 2024 to shift to Schedule III.

LeadingAge in July 2024 voiced support for the proposed rescheduling because researchers would face less strict regulatory controls in researching marijuana as a Schedule III substance than under Schedule I. LeadingAge believes the rescheduling will promote further beneficial research on medical uses of marijuana, as well as potential risks of misuse. We also noted in our comments that rescheduling to Schedule III. According to guidance from HUD, for example, the use of medical marijuana is illegal under federal law even if it is permitted under state law. This creates unnecessary housing access barriers for older adults with chronic medical conditions who may benefit from accessing medical marijuana through a state established program.

The December 18 EO also eases restrictions on cannabidiol (CBD) and tetrahydracannabinol (THC). LeadingAge will continue to assess the EO and will continue to advocate for additional research.

Read the EO, Increasing Medical Marijuana and Cannabidiol Research, here.

Stay abreast of federal policy developments on cannabis in this LeadingAge serial post.