Marijuana is still a Schedule I controlled substance under federal law, and no rescheduling rule has taken effect. The Drug Enforcement Administration published a proposed rule in 2024 that would move marijuana to Schedule III, but the marijuana rescheduling status remains pending: the proposal has not been finalized, and the administrative review has carried into 2025 without a published final rule.
What Rescheduling Means Under the Controlled Substances Act
Scheduling is the federal government's classification system for controlled substances under the Controlled Substances Act (CSA). Placement in a schedule reflects findings about accepted medical use, abuse potential, and dependence liability. Schedule I is reserved for substances with no accepted medical use and a high potential for abuse. Schedule III covers substances with a recognized medical use and moderate to low physical dependence potential.
when will cannabis be rescheduled
Rescheduling is not legalization. A move to Schedule III would keep marijuana a controlled substance, subject to federal registration, production quotas, and recordkeeping rules for anyone who manufactures or distributes it.
Marijuana Rescheduling Status Right Now
- Federal classification: marijuana remains Schedule I.
- The DEA's proposed rule to move cannabis to Schedule III is not final.
- Administrative hearings and written submissions on the proposal were scheduled, postponed, and rescheduled during late 2024 and 2025.
- DEA leadership changed during 2025, adding further uncertainty to the review's pace.
- Congress has not passed a statute that reschedules or deschedules marijuana.
Because the process is still open, the status can change. Verify against primary sources before relying on any dated summary.
How the Process Unfolded
- October 2022: The Biden administration asked the Department of Health and Human Services and the Department of Justice to review how marijuana is scheduled under federal law.
- August 2023: HHS completed its scientific review and recommended that the DEA move marijuana from Schedule I to Schedule III.
- May 2024: The DEA published a notice of proposed rulemaking in the Federal Register to reschedule marijuana to Schedule III, opening a public comment period.
- Late 2024: The DEA scheduled administrative hearings on the proposal, then delayed them, and an administrative law judge set deadlines for written submissions and final arguments.
- 2025: The review continued with new DEA leadership in place and no final rule issued.
What Would Change If Marijuana Moves to Schedule III
- Federal law would formally recognize an accepted medical use for cannabis.
- State-licensed cannabis businesses could gain relief from the tax rule that bars deductions for Schedule I and Schedule II businesses.
- Research barriers tied to Schedule I status would ease, since registered researchers face fewer restrictions on Schedule III substances.
- Federal criminal penalties for unlicensed cannabis activity would generally be lower than under Schedule I, though such activity would remain illegal.
What Would Not Change
- Adult-use marijuana would not become federally legal. Schedule III drugs are still controlled substances.
- No federal medical cannabis program would appear automatically. The FDA would still need to approve specific cannabis drugs.
- State licensing, testing, labeling, and possession limits would stay under state control.
- Banking access would still depend on Congress passing separate legislation, since rescheduling alone does not grant a safe harbor.
Why the Status Is Still Unsettled
Rescheduling runs through formal rulemaking, not a simple announcement. The DEA weighs scientific and medical evidence, abuse potential, and international treaty obligations. Interested parties can request hearings, file briefs, and challenge a final rule in court. Any of those steps can extend the timeline by months. A future administration could also slow, redirect, or defend the rule depending on its enforcement priorities. Separately, Congress could bypass the agency entirely by passing a law that reschedules or removes marijuana from the CSA, but no such bill has become law.
How to Track Marijuana Rescheduling Status
- Check the Federal Register for a final rule, which is the only document that changes federal classification.
- Watch DEA press releases and the DEA Diversion Control Division for hearing notices and docket updates.
- Follow HHS and FDA statements for the medical and scientific review behind any recommendation.
- Read Congressional Research Service reports for plain-language explanations of the legal process.
What This Means for Legal Cannabis Shoppers
For customers in states with legal cannabis, scheduling changes at the federal level would not rewrite state rules. State-licensed retailers, including Eden Cannabis locations, operate under state law, and those rules govern purchase limits, age requirements, product testing, and packaging. Federal rescheduling could affect taxes, banking, and research over time, but it would not turn a state-legal purchase into a federally unregulated one. Until a final rule is published, marijuana stays Schedule I and the status stays pending.