Marijuana rescheduling: where Schedule III stands
Medical marijuana moved to Schedule III on April 28. The proposal to move the rest is stuck in a DEA hearing paused on Sept. 29. What is final, what is pending, and why none of it rescues THCA flower.
The short answer. As of Oct. 3, 2026, marijuana is only partly rescheduled. Since April 28, 2026, FDA-approved marijuana drugs and marijuana handled under a state medical license have been in Schedule III (91 FR 22714). Everything else, adult-use marijuana included, is still Schedule I, and the hearing on moving it was paused on Sept. 29. Hemp is unaffected.
WASHINGTON — The desk read the rescheduling documents published in the Federal Register under docket DEA-1362. There are two tracks, and readers who see “rescheduled” in a headline should ask which one it means.
Two tracks, two different results
| Track 1: medical and FDA-approved | Track 2: all marijuana | |
|---|---|---|
| What moves | FDA-approved drugs containing marijuana; marijuana under a state medical license | All marijuana, including adult-use |
| Legal vehicle | Final rule and order, AG Order No. 6754-2026 | Proposed rule, 89 FR 44597 (May 21, 2024), with a formal hearing |
| Signed | April 22, 2026, by Acting Attorney General Todd Blanche | Not final |
| Status, Oct. 3 | In effect since April 28, 2026 | Hearing paused Sept. 29, 2026 |
| Court challenge | D.C. Circuit denied a stay on Sept. 9; case continues | No final rule to challenge yet |
Track 1: what the April order does
The order places FDA-approved drug products containing marijuana in Schedule III, along with marijuana, marijuana extracts and plant-derived THC “subject to a state-issued license to manufacture, distribute, and/or dispense marijuana or products containing marijuana for medical purposes.” It also creates an expedited DEA registration process for state medical licensees.
Three passages in the rule matter to readers of this paper:
- Hemp. “This final rule also does not affect the status of hemp (as defined in 7 U.S.C. 1639o), because hemp is excluded from the definition of marijuana.”
- Synthetic THC. THC that can only be made by artificial synthesis “remains in schedule I.”
- Taxes. The order says state licensees “will no longer be subject to” the Section 280E deduction ban, which applies only to Schedule I and II trafficking, but adds that nothing in it “constitutes a determination regarding federal tax liability” and tells licensees to consult tax counsel.
On Sept. 9 the U.S. Court of Appeals for the D.C. Circuit refused to pause the order while a drug-testing trade group and MMJ International Holdings challenge it, saying they “have not satisfied the stringent requirements for a stay pending court review” (Marijuana Moment).
Track 2: the paused hearing
The Controlled Substances Act requires rescheduling to go through formal rulemaking “on the record after opportunity for a hearing.” The first hearing, noticed for Dec. 2, 2024, never reached testimony: the presiding judge held preliminary proceedings, then stayed the case on Jan. 13, 2025. On April 28, 2026, the DEA withdrew that notice (91 FR 22778) and set a new hearing for June 29 through July 15 in Arlington, Va. (91 FR 22777), citing Executive Order 14370, which the president signed on Dec. 18, 2025.
On Sept. 23 the Government Accountability Office reported that the DEA “does not have policies that identify roles, responsibilities, and procedures related to scheduling” (GAO-26-108623). Opponents of rescheduling asked to add the report to the record. Chief Administrative Law Judge Derek Julius stayed the proceedings on Sept. 29 and gave the DEA until Oct. 13 to respond (Marijuana Moment).
Timeline
| Date | Event |
|---|---|
| May 21, 2024 | Proposed rule to move marijuana to Schedule III |
| Aug. 29, 2024 | First hearing noticed for Dec. 2, 2024; stayed Jan. 13, 2025, before testimony |
| Dec. 18, 2025 | Executive Order 14370 directs the Attorney General to finish rescheduling “in the most expeditious manner” |
| April 22, 2026 | Acting Attorney General signs the medical and FDA-approved order |
| April 28, 2026 | Order takes effect; old hearing withdrawn, new one noticed |
| June 29, 2026 | New hearing opens |
| Sept. 9, 2026 | D.C. Circuit denies a stay of the April order |
| Sept. 23, 2026 | GAO report on scheduling procedures |
| Sept. 29, 2026 | Hearing stayed |
| Oct. 13, 2026 | DEA response due |
Why rescheduling does not rescue THCA flower
Rescheduling and the hemp ban answer different questions. Rescheduling decides how tightly the government controls marijuana. The hemp definition decides what counts as marijuana in the first place.
From Dec. 11, 2026, Section 781 of Public Law 119-37 counts THCA in the 0.3 percent hemp limit, and most THCA flower crosses into the marijuana definition. Hemp-lane flower is not sold under a state medical license, so the April order does not reach it: it lands in Schedule I. Even if Track 2 finishes, Schedule III is still a controlled schedule that requires DEA registration to manufacture or distribute. It would not allow hemp-style retail or mail sales. Our hemp ban tracker and hemp vs. marijuana explainer cover that line.
Knock-on effects so far
- Airports. TSA rewrote its medical marijuana page on April 27; see Can you fly with THCA flower?
- Mail. Georgia approved licensed medical deliveries by mail and carrier on Sept. 30; the Postal Service has not said whether it will take them. See Can THCA be shipped?
Primary sources
- 91 FR 22714, final rule, April 28, 2026
- 91 FR 22777 and 91 FR 22778, hearing notices
- Executive Order 14370, 90 FR 60541
- GAO-26-108623, Sept. 23, 2026
The desk found no further rescheduling document in the Federal Register through Oct. 2, 2026. This page will be updated when the hearing resumes or the DEA rules.
Questions readers asked
Has marijuana been rescheduled?
Partly. Since April 28, 2026, FDA-approved drug products containing marijuana and marijuana handled under a state medical license are in Schedule III. All other marijuana, including adult-use marijuana, is still Schedule I as of Oct. 3, 2026.
Is recreational marijuana Schedule III now?
No. The broader proposal to move all marijuana to Schedule III, first published in May 2024, is still in formal DEA hearing proceedings, which the chief administrative law judge paused on Sept. 29, 2026.
Does rescheduling make THCA flower legal?
No. The April order says it does not affect hemp. From Dec. 11, 2026, THCA flower above 0.3 percent total THC is marijuana under federal law, and unless it is held under a state medical license it stays in Schedule I.
When will the DEA decide?
There is no date. The DEA's response to the motion that paused the hearing is due Oct. 13, 2026. After the hearing closes, the judge issues a recommendation and the DEA administrator makes the final decision.
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