Cannabis Rescheduling Executive Order: What Schedule III Could Mean

On Thursday, December 18, 2025, President Trump signed an executive order directing federal agencies to move cannabis from a Schedule I drug to Schedule III under federal law. While this order signals a major shift in federal cannabis policy, cannabis has not been rescheduled yet. As a result, many questions remain on the table.

The EO instructs agencies to complete the rescheduling process within roughly 90 days. Several details, though, such as how the change will be implemented and what it will mean in practice, are still being worked out.

Below are answers to the most common questions medical patients and adult consumers are asking right now. Answers are provided for educational purposes only, and are not meant to replace expert medical or legal guidance. Details may change rapidly, and we’ll update this page as quickly as more information becomes available.

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General Questions

What exactly does the rescheduling executive order do?

The executive order directs federal agencies to expedite the process of moving cannabis from Schedule I to Schedule III under the Controlled Substances Act (CSA). These agencies are primarily the Department of Justice (DOJ), DEA, and HHS.

The EO does not itself reschedule cannabis. Instead, it sets timelines and expectations for agencies to complete the formal review and rulemaking process.

Does the executive order mean cannabis is now federally legal?

No. Cannabis is not federally legal under this executive order. Even if cannabis is ultimately placed in Schedule III, it would remain a federally controlled substance. State laws would still govern legality, access, possession, and sales within each state.

What is the timeline for cannabis to be formally rescheduled?

The EO instructs agencies to complete the rescheduling process within roughly 90 days. However, formal rescheduling requires regulatory steps that may take longer due to agency reviews, coordination, and procedural requirements.

Will there be a public comment period?

Possibly. If federal agencies pursue rescheduling through standard rulemaking, a public comment period may be required. As of now, it is not confirmed whether or how public input will be collected. Updates will be provided as agencies clarify the process.

Does this mean cannabis has been decriminalized?

No. Rescheduling is not the same as decriminalization. Federal penalties would still exist, though Schedule III substances are treated differently than Schedule I substances under federal law.

Are all cannabinoids rescheduled or just CBD?

The executive order focuses on cannabis broadly, not just CBD. However, how individual cannabinoids like THC and CBD are treated may depend on how agencies define “cannabis” and its derivatives during implementation. Clarifying guidance has not yet been issued.

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Patient Questions

Will the executive order increase patient access to medical cannabis?

Not immediately. Patient access to cannabis is still governed by state medical programs. In the near term, having a valid medical recommendation remains one of the most reliable ways to legally access cannabis in many states. Over time, rescheduling could reduce barriers, but no immediate access changes are guaranteed.

Can I keep seeing my current medical marijuana doctor?

Yes. State medical cannabis programs and physician participation are not directly changed by the executive order. Existing patient–provider relationships should remain unaffected unless state laws change.

Can all medical practitioners now recommend cannabis?

No. States will continue to determine which practitioners can recommend or certify patients for medical cannabis. Existing medical cannabis programs and providers remain the primary pathway for patients seeking legal access.

Does this mean insurance will cover medical cannabis?

Not automatically. The potential rescheduling signals federal recognition of cannabis’s medical value. This could make insurers more comfortable exploring coverage in the future. However, most plans, including Medicare and private insurance, are unlikely to begin reimbursing state-legal dispensary cannabis products right away.

Meaningful coverage changes would depend on FDA-approved medications, insurer policy decisions, and evolving regulatory frameworks.

Will veterans now be able to access medical cannabis?

Veterans’ access remains governed by VA policy and state law. While rescheduling could ease research and prescribing barriers over time, the executive order does not immediately change VA rules on cannabis recommendations.

Does rescheduling mean adults can buy cannabis without a medical recommendation?

No. Adult-use states set cannabis laws, and rescheduling does not create a national recreational market. In states without adult-use laws, a medical recommendation remains the only legal path to access.

Does this mean I can use a credit card at dispensaries?

Not yet. Payment processing depends on federal banking guidance and private financial institutions. Rescheduling may help banking access and available payment options over time, but it does not automatically enable credit card acceptance.

Can I order cannabis online or have it delivered?

Only where state law allows. Federal rescheduling does not authorize interstate sales or override state restrictions on online ordering or delivery.

Can I send cannabis through the mail?

No. Mailing cannabis remains illegal under federal law, regardless of rescheduling status.

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Legal Questions

Can I get a medical card if I own firearms?

Under current federal law, those who own or plan to own a firearm do not qualify as medical cannabis patients. Even with rescheduling, this does not automatically change.

This area of law is evolving, with a pending Supreme Court case and potential impacts from rescheduling. However, no definitive changes have taken effect. Patients concerned about firearms should review current guidance and watch for updates.

Can I be fired for using cannabis?

Yes. Employers may still enforce drug-free workplace policies, especially in safety-sensitive roles. Rescheduling does not eliminate employer discretion or state employment laws.

Can I travel across state lines with cannabis?

No. Interstate transport of cannabis remains illegal under federal law, even between legal states.

Can I fly with cannabis?

Generally no. TSA operates under federal law, and cannabis remains federally controlled.

Does this undo the hemp ban?

No. Hemp regulations under the Farm Bill remain separate. The executive order does not change hemp definitions or THC thresholds.

Will medical cannabis get cheaper?

Possibly over time. If rescheduling reduces business taxes and compliance costs, some savings could reach consumers, but price changes are not guaranteed.

Will the executive order expand qualifying conditions?

Not automatically. State medical cannabis programs set qualifying conditions. However, expanded research and evolving medical guidance could influence how states evaluate medical eligibility over time.

How will this affect state cannabis markets?

State-legal markets would continue operating largely as they do now. Over time, rescheduling could reduce federal-level friction without overriding state regulatory authority.

Will the EO change DUI or impairment laws?

No. Federal and state impairment standards remain unchanged. Driving under the influence of cannabis is still illegal.

Can federal employees use cannabis off duty?

Generally no. Federal employment policies still prohibit cannabis use, regardless of state legality or the Dec 18, 2025 executive order.

Will the executive order eliminate background checks?

No. Federal and employer background checks are unaffected by rescheduling.

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Business Questions

How will rescheduling affect cannabis taxes like 280E?

If cannabis is placed in Schedule III, businesses may no longer be subject to IRS Section 280E, which disallows standard business deductions. This could significantly reduce tax burdens, pending IRS guidance.

Will businesses gain banking and credit card access?

Rescheduling may improve access over time for many businesses, but it does not automatically change banking rules. Financial institutions will still rely on federal guidance and risk assessments.

Will all states be required to create medical cannabis programs?

No. States retain full authority over whether and how they regulate medical or adult-use cannabis.

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Final Thoughts

As federal policy evolves, state medical cannabis programs continue to play a central role in patient access. If you’re unsure whether you qualify for a medical marijuana card, speaking with a licensed medical provider can help clarify your options.

We’ll continue updating this page as federal agencies release formal guidance and timelines. Check back soon for the latest developments.

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The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.