Despite growing public support and expanding state-level legalization, marijuana has not yet been formally rescheduled under U.S. federal law. Cannabis remains classified as a Schedule I substance, even as federal agencies, lawmakers, and regulators continue to debate whether that status accurately reflects its medical use and risk profile. This page breaks down the current classification of marijuana, the federal rescheduling process, recent recommendations from health authorities, delays within the DEA review, and what a potential change could mean for research, taxation, and cannabis businesses. For readers who want broader context on how cannabis laws differ across regions, see our comprehensive breakdown of cannabis regulations by location across U.S. states, major cities, and countries worldwide in the Cannabis Laws by Location guide.
Table of Contents
Has marijuana been rescheduled
1. Current Classification
According to the Controlled Substances Act, marijuana is still classified as a Schedule I substance (CSA). This classification defines it as having:
- High potential for abuse
- No federally recognized medicinal use as of yet
- Lack of accepted safety for medical use
2. Rescheduling Efforts
In 2023, the Department of Health and Human Services (HHS) formally recommended reclassifying marijuana to Schedule III, which is reserved for drugs with:
- Moderate to low potential for physical and psychological dependence
- Recognized medical use in treatment
This recommendation was based on emerging scientific research and shifting public health perspectives.
3. Regulatory Process
The Drug Enforcement Administration (DEA) began a formal rulemaking process in 2024. This included:
- A notice of proposed rulemaking
- A public comment period
- Preparation for administrative hearings
4. Delays and Legal Complications
Despite progress, the process was delayed in early 2025 due to:
- Legal appeals related to procedural issues
- Allegations of administrative bias
- Postponement of scheduled DEA hearings
As a result, the rescheduling remains pending without a confirmed timeline for resolution.
5. Potential Impacts of Rescheduling
If reclassified as Schedule III:
- Marijuana would still be federally controlled but acknowledged as medically useful
- Cannabis businesses could claim standard federal tax deductions (e.g., Section 280E relief)
- Research restrictions would ease, allowing broader clinical studies
- Federal law would continue to prohibit recreational usage.
6. Conclusion
While marijuana has not yet been rescheduled, the process is active but paused. Final outcomes will depend on further administrative review, legal proceedings, and possibly political shifts following the 2024 elections.
