Short answer: only part of marijuana has moved so far. In April 2026, state-licensed medical cannabis and FDA-approved marijuana products moved from Schedule I to Schedule III, according to Marijuana Moment. Marijuana as a whole is still in Schedule I, and the broader move is before a DEA judge, with final briefs filed on November 5, 2026. This page sets out what changed, what stayed the same, and what to ask next.
Quick facts as of 2026-11-09
| Item | What is reported | Source and date |
|---|---|---|
| April 2026 order | State-licensed medical cannabis and FDA-approved marijuana products moved from Schedule I to Schedule III | Marijuana Moment, reporting the order (2026-11-06) |
| Federal rule | Final rule on FDA-approved drug products containing marijuana, document 2026-08176 | Federal Register, 2026-04-28 |
| Broader move to Schedule III | DEA hearing participants filed final briefs; Chief Administrative Law Judge Derek Julius is to issue a recommendation to the DEA administrator | Marijuana Moment, 2026-11-06 |
| Recreational marijuana | Recreational cannabis is still illegal under federal law | MedlinePlus, U.S. National Library of Medicine (2026-11-09) |
| Hemp THC products | Under a 2025 law, only products with 0.4 milligrams of total THC per container remain legal after November 12, 2026; a September 2026 funding bill moved the effective date for most products to December 11, 2026 | Marijuana Moment, 2026-11-09 |
| New Jersey workplace bill | Senate Bill 4685 and Assembly Bill 5649 would create an exception for specified safety-sensitive workers; both remain pending | Forbes, 2026-11-09 |
What happened in April 2026?
Marijuana Moment reports that Attorney General Todd Blanche issued an order in April 2026 that immediately reclassified state-licensed medical cannabis and FDA-approved marijuana products from Schedule I to Schedule III. The Federal Register published the rule on April 28, 2026, under the title Federal Register final rule.
The rule covers marijuana extracts and THC and other compounds from the plant (other than mature stalks and seeds) that fall outside the hemp definition. It applies to those compounds when they are in an FDA-approved drug product or covered by a state medical marijuana license. It also adds these drugs to the list of substances that may be imported or exported only with a permit, and it creates an expedited registration process for entities holding state medical marijuana licenses.
What stays Schedule I?
Everything the April order did not cover remains in Schedule I. The MedlinePlus cannabis topic page from the U.S. National Library of Medicine says that recreational cannabis is still illegal under federal law, while federal rules have eased somewhat for medical cannabis and FDA-approved cannabis drugs. The wider question of moving all marijuana to Schedule III is the one still being decided.
What could the pending hearing change?
Marijuana Moment reports that DEA held a hearing in June and July 2026 on moving marijuana more comprehensively to Schedule III. On November 5, 2026, DEA and the participating opponents filed what are expected to be the final briefs before Chief Administrative Law Judge Derek Julius issues a recommendation to the DEA administrator.
The judge denied a request to reopen the hearing for new testimony, but admitted a Government Accountability Office report that found DEA “does not have any policies or procedures” on how staff evaluate or schedule substances. DEA’s latest brief asks the judge to give that report “no weight.” DEA’s earlier final brief said marijuana “has a currently accepted medical use.” Opponents, including the National Drug & Alcohol Screening Association and DUID Victim Voices, say the government’s process was flawed.
Several lawsuits against the rescheduling are pending. Marijuana Moment reports that the D.C. Circuit recently declined to block the rescheduling while they proceed, and that a congressional committee voted to block further steps, though bipartisan lawmakers do not expect that provision to be enacted. For the steps that could follow, see our page on what could change after schedule iii.
Key dates
- April 2026: the order reclassifies state-licensed medical cannabis and FDA-approved marijuana products to Schedule III.
- 2026-04-28: the Federal Register publishes the final rule.
- June and July 2026: DEA hearing on moving marijuana more broadly to Schedule III.
- 2026-11-05: final briefs filed in the DEA hearing.
- 2026-11-12: a carve-out recriminalizes synthetic cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant (Marijuana Moment, 2026-11-09).
- 2026-12-11: the effective date of the hemp ban for most products, under a September 2026 funding bill.
No date for the judge’s recommendation or for the DEA administrator’s final decision had been reported as of November 9, 2026.
Who does this affect?
Medical patients. The April order covers state-licensed medical products. In New Jersey, Forbes reports that medical cannabis patients have separate protection under the Jake Honig Compassionate Use Medical Cannabis Act, including no adverse action solely for being a registered patient and a chance to explain a positive test or request a retest. Workplace rules are covered in our guide to medical marijuana card at work.
New Jersey workers. Forbes reports that New Jersey’s 2021 law generally bars employers from firing or penalizing someone for lawful off-duty marijuana use, and that a positive test alone generally is not enough. Senate Bill 4685 and Assembly Bill 5649 would create exceptions for certain police officers, firefighters, EMTs, paramedics, 9-1-1 dispatchers, commercial drivers and operators of heavy machinery. Both remain pending. Read more in our new jersey marijuana drug test employment law guide.
Commercial drivers. Forbes reports that federal DOT drug testing rules keep commercial drivers barred from marijuana regardless of state law, and that DOT has reaffirmed this.
Business owners with state medical licenses. The Federal Register rule creates the expedited registration process for these entities, so the rule is written with them in mind.
Common mix-ups
- Medical is not all marijuana. The April order covers state-licensed medical products and FDA-approved drugs, not all marijuana.
- Schedule III is not legal for everyone. Our guide explains the difference between rescheduled not legal and full legalization.
- Hemp is a separate law. The November 12 and December 11, 2026 dates in the hemp rules concern THC hemp products, not the DEA hearing.
- A recommendation is not a final decision. The judge recommends, and the DEA administrator decides.
- Positive tests do not always mean impairment. Forbes reports that THC and its metabolites can stay detectable after impairing effects end, so a positive test may show prior use.
What to do next
Settle your next step with the right person:
- To find out whether the April order touches your state medical card or business license, ask your state medical marijuana program.
- For a workplace test, firing or discipline question, ask an employment attorney, your union, or your state labor department.
- For questions about your own treatment or medication, ask a clinician.
By HealthDataConsortium.org Research Team
