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DOJ Reclassifies State-Licensed Medical Marijuana to Schedule III

Agencies now face writing tax, banking, registration rules before a June 29 hearing on broader rescheduling.

Overview

  • The Justice Department order signed Thursday, April 23, moves FDA‑approved products and marijuana regulated under state medical programs from Schedule I to Schedule III.
  • Qualifying medical businesses are expected to gain relief from tax code Section 280E so they can deduct normal expenses, with Treasury and IRS guidance on timing and any retroactive relief still pending.
  • State‑licensed operators can seek expedited DEA registration using their state credentials, which eases compliance and lets researchers study the same products patients buy in medical programs.
  • Financial institutions are reassessing risk for medical clients, though adult‑use products remain excluded under federal law and banks must still follow existing anti‑money‑laundering rules.
  • A DEA administrative hearing begins June 29 to consider broader rescheduling, and court challenges plus coordination with FDA, DEA, and states will determine how much changes in practice.