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Two-Track — Schedule III (FDA/state-medical) · Schedule I (plant broadly, pending)North America

United States — Federal

Medical cannabis is prohibited in United States — Federal. Severe criminal penalties may apply for possession, use, or trafficking.

Federal cannabis status is now two-track. (1) FDA-approved cannabis drug products and state-medical-licensed entities moved to Schedule III by Attorney General Order, with the final rule effective 2026-04-28; covered registrants have an expedited path under 21 CFR Part 1301. (2) Plant marijuana broadly remains a Schedule I controlled substance under the CSA pending the DEA-1362 rulemaking, which is back before the DEA Office of Administrative Law Judges under EO 14370 with a merits hearing beginning 2026-06-29. The 2018 Farm Bill continues to govern hemp (below 0.3% THC) under USDA oversight. IRS Section 280E still denies standard business deductions for cannabis activities outside the new Schedule III bucket, and the SAFE Banking Act has not advanced in the current Congress. FinCEN requires banks to file Suspicious Activity Reports for cannabis-related transactions, and USPS prohibits mailing cannabis products. This is a synthetic overlay entity representing federal policy that applies across all US jurisdictions; see the rescheduling banner below for live docket movement.

Ask the Expert about United States — Federal
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Regulator
Drug Enforcement Administration
Key Legislation
Controlled Substances Act, 21 U.S.C. § 801 et seq.; AG Order
Year Legalized
Schedule III (FDA-approved + state-medical): 2026-04-28
Program Size
Two-track — see banner

Key Facts

  • AG Order moved FDA-approved cannabis drug products and state-medical licensees to Schedule III, effective 2026-04-28; expedited registration under 21 CFR Part 1301
  • Plant marijuana broadly still Schedule I pending DEA-1362 ALJ hearing 2026-06-29 under EO 14370
  • 2018 Farm Bill legalized hemp (<0.3% THC) under USDA regulation, creating a distinct legal category from marijuana
  • IRS Section 280E still denies standard business deductions for cannabis activities outside the new Schedule III bucket
  • FinCEN guidance requires banks to file SARs for cannabis clients; SAFE Banking Act has not passed Congress

Key Legislation

Controlled Substances Act, 21 U.S.C. § 801 et seq.; AG Order (final rule effective 2026-04-28); 21 CFR Part 1301; EO 14370 (DEA-1362 OALJ hearing 2026-06-29)

Regulatory Body

Drug Enforcement Administration (DEA) / Food and Drug Administration (FDA) / Office of the Attorney General

Country Info
ISO Code
US
Region
North America
Tier
Tier 4 — Prohibited
Status
Two-Track — Schedule III (FDA/state-medical) · Schedule I (plant broadly, pending)
Sources
DEA Notice of Proposed Rulemaking — Cannabis Rescheduling (DEA-1362)FDA — Cannabis and Cannabis-Derived CompoundsAgriculture Improvement Act of 2018 (Farm Bill)IRS — Section 280E Guidance for Cannabis Businesses
Disclaimer: This information is for general reference only and does not constitute legal advice. Cannabis regulations change frequently. Always verify with official sources and local legal counsel before making compliance decisions.