
President Trump’s December 18, 2025 executive order to reclassify marijuana from Schedule I to Schedule III marks a historic shift in U.S. cannabis policy—but it also comes with important limits and misconceptions. This guide explains what Schedule III classification actually means, how it changes taxes, research, and medical recognition, and what cannabis users and patients should realistically expect as federal agencies implement the policy.
President Trump signed an executive order on December 18, 2025, directing federal agencies to reclassify marijuana from Schedule I to Schedule III, marking the most significant shift in federal cannabis policy in over 50 years. For cannabis users who have heard conflicting reports about what this means, understanding the federal drug scheduling system has never been more important. This guide breaks down exactly what Schedule III classification means, how it differs from Schedule I, and what cannabis consumers can expect as the policy takes effect.
The Drug Enforcement Administration classifies controlled substances into five distinct schedules based on three primary factors: accepted medical use in the United States, relative abuse potential, and likelihood of causing dependence. Understanding this framework is essential for grasping why marijuana’s reclassification matters so much.
Schedule I represents the most restrictive category, reserved for substances the federal government considers to have no currently accepted medical use and a high potential for abuse. This category includes heroin, LSD, peyote, ecstasy, and—until the reclassification takes effect—marijuana. The classification has long been controversial because it places cannabis alongside drugs with documented fatal overdose risks.
Schedule II includes substances with high abuse potential but recognized medical applications, such as fentanyl, oxycodone, methamphetamine, and cocaine. These drugs require prescriptions and face strict dispensing requirements.
Schedule III, where marijuana is heading, encompasses drugs with moderate to low potential for physical and psychological dependence and accepted medical uses. The distinction between Schedule I and III isn’t primarily about relative danger—it’s fundamentally about whether the federal government recognizes medical value.
Schedule III substances share specific characteristics that distinguish them from more restrictive categories. According to the Controlled Substances Act, drugs must meet three criteria for Schedule III placement:
The DEA lists numerous Schedule III drugs that cannabis will soon join:
These substances can be prescribed by physicians, though they remain controlled and regulated. Pharmacists must have DEA authorization to fill Schedule III prescriptions, and patients can receive a maximum of five refills with quantities not exceeding 90 units each.
Cannabis wasn’t placed in Schedule I based on rigorous scientific evaluation. In 1970, President Nixon signed the Comprehensive Drug Abuse Prevention and Control Act, establishing the modern five-schedule system. Marijuana’s classification was intended as provisional, pending review by a presidentially appointed commission.
Roger O. Egeberg, the Assistant Secretary of Health at the time, recommended temporary Schedule I placement while acknowledging considerable gaps in scientific knowledge about the plant’s effects. The 1972 Shafer Commission, appointed to study cannabis, actually recommended decriminalization—a recommendation Nixon rejected.
The political climate of the early 1970s War on Drugs cemented marijuana’s Schedule I status, where it remained largely unchanged for over 50 years despite mounting scientific evidence of therapeutic applications and growing state-level legalization.
Trump’s executive order directs Attorney General Pam Bondi to expedite completion of the rescheduling process, moving marijuana to Schedule III under the Controlled Substances Act. The president was explicit about limitations: “It doesn’t legalize marijuana in any way, shape or form, and in no way sanctions its use as a recreational drug.”
For state-licensed cannabis businesses, the most immediate impact involves IRS Code Section 280E. This provision was enacted in 1982 following a tax court ruling that allowed a convicted cocaine trafficker to deduct ordinary business expenses—Congress responded by prohibiting deductions for businesses trafficking in Schedule I or II substances.
Under current law, cannabis companies can only reduce gross receipts by cost of goods sold before calculating taxable income. They cannot deduct expenses like advertising, rent, or employee salaries. Some operators face effective tax rates as high as 80%.
Schedule III classification removes cannabis from 280E’s scope entirely. The notice of proposed rulemaking explicitly states that “280E will no longer serve as a statutory bar to claiming deductions” for cannabis businesses.
The financial impact could be transformative:
For the average cannabis user purchasing from dispensaries in legal states, reclassification brings both immediate and longer-term implications.
The executive order does not automatically reschedule cannabis. There will be a 30-day public comment period, and opponents are expected to challenge the reclassification through the courts. The rescheduling process initiated under the Biden administration remains technically ongoing, with Trump’s order directing completion “in the most expeditious manner in accordance with Federal law.”
Key milestones to watch:
Reclassification doesn’t resolve the fundamental tension between federal prohibition and state-level legalization. As of 2025, 38 states have legalized medical marijuana, and numerous states permit recreational adult use. Yet cannabis will remain a controlled substance requiring DEA registration for anyone producing or distributing it.
State-licensed dispensaries still operate in a legal gray area. While Schedule III status reduces some federal conflict, it doesn’t provide the comprehensive reform many advocates seek. Interstate transport remains illegal, and employers can still enforce drug-free workplace policies.
For consumers in legal states, the practical advice remains unchanged: follow your state’s regulations, purchase from licensed sources, and understand that federal law continues to prohibit marijuana possession regardless of scheduling.
Patients using medical cannabis may see meaningful improvements in access and affordability. Schedule III classification opens potential pathways for:
The executive order specifically mentions patients “suffering from extreme pain, incurable diseases, aggressive cancers, seizure disorders, neurological problems and more, including numerous veterans with service-related injuries.”
Yes. Schedule III classification does not decriminalize marijuana. Federal law continues to prohibit possession, and anyone possessing marijuana remains subject to arrest under federal law. State laws vary significantly, so your legal exposure depends primarily on where you live and local enforcement priorities. Federal prosecution for simple possession remains rare but technically possible.
The timeline depends on when the DEA publishes the final rescheduling rule and subsequent IRS guidance on effective dates. Cannabis businesses using cash accounting methods may consider postponing certain expenses until the rescheduling takes effect. Price reductions won’t be immediate—businesses need time to restructure operations, and competitive dynamics will determine how much savings flow to consumers versus reinvestment.
Schedule III substances can legally be prescribed, but significant regulatory infrastructure must develop first. Currently, state medical marijuana programs use recommendation systems rather than prescriptions. Transitioning to a prescription model would require DEA registration for dispensaries, FDA-approved products, and standardized dosing—changes that will take years to implement fully.
No. The executive order explicitly states it does not sanction recreational use. Trump emphasized that “it’s never safe to use powerful controlled substances in a recreational manner.” Recreational legalization would require either Congressional action or complete removal from the Controlled Substances Act—neither of which this order accomplishes.
The executive order does not include clemency or expungement provisions. Advocates have called for coupling rescheduling with relief for people imprisoned for cannabis-related offenses. Current federal sentences related to marijuana trafficking or distribution would not automatically be affected by the classification change.
No. Interstate transport remains prohibited even between states where cannabis is legal. Carrying marijuana across state lines or through airports still violates federal law. TSA policies regarding cannabis are not expected to change based on scheduling alone.
The executive order includes specific provisions addressing CBD, directing Congress to examine updating the definition of hemp to ensure full-spectrum CBD accessibility. Additionally, the Centers for Medicare and Medicaid Services will announce a model allowing beneficiaries to receive CBD under doctor recommendation at no cost, up to $500 annually starting April 2026.
Herb Recommended Products:
READ MORE