Resource Repository

Department of Justice Eases Control of Medical Marijuana: April 2026 Update

On April 23, 2026, the Department of Justice (DOJ) issued a final order, led by Acting Attorney General Todd Blanche, immediately moving specific marijuana products from Schedule I to Schedule III of the Controlled Substances Act (CSA). This action fulfills the United States’ obligations under the Single Convention on Narcotic Drugs and reflects a common-sense approach to the longstanding regulation of medical marijuana by state governments.

Scope of the Rescheduling

The April 2026 final rule specifically places the following into Schedule III:

• FDA-Approved Products: Drug products approved by the FDA that contain marijuana or naturally derived delta-9-tetrahydrocannabinol (THC).
• State-Licensed Medical Marijuana: Marijuana and products containing marijuana that are subject to a qualifying, state-issued license for manufacturing, distribution, or dispensing for medical purposes.

Important Exclusions: The order does not apply to unlicensed bulk marijuana, marijuana grown for recreational purposes, or synthetically derived THC (such as delta-10 THC), all of which remain Schedule I controlled substances. The ruling also does not affect the legal status of hemp.

What This Means for the Cannabis Research Community

For cannabis researchers, the transition to Schedule III significantly reduces barriers to scientific study while maintaining strict federal controls against illicit trafficking.

Key Benefits for Researchers:

• Liability Protection: DEA-registered researchers who obtain marijuana products directly from state-licensed sources for use in scientific research will incur no civil or criminal liability under the CSA solely for doing so.
• Simplified Acquisition: The process of acquiring and transferring Schedule III research materials is easier, as it no longer requires the use of DEA Form 222.
• Streamlined Storage: Researchers can now store and inventory these Schedule III materials alongside other Schedule III-V substances, rather than requiring the segregated, highly restrictive storage mandated for Schedule I substances.

NOTE: DEA Researcher activities and materials will remain under Schedule I status until DEA issues a final rule following the upcoming hearing and rulemaking processes.

What Has Not Changed:

• FDA IND Requirements: Rescheduling to Schedule III does not alter the FDA’s requirements for an Investigational New Drug (IND) application. Clinical studies—both interventional research and product development—still generally require an IND, regardless of the DEA schedule.
• Cultivation Limits: Cultivation of marijuana plants is still strictly prohibited under a standard Researcher registration. Due to Single Convention treaty obligations, cultivation is only permitted under a Bulk Manufacturer registration.

Implications for State Licensees and the Medical Industry

The final rule creates new federal pathways and economic benefits for participants in the state-legal medical marijuana industry:

• Expedited DEA Registration: The DEA has established an expedited federal registration pathway for state-licensed medical marijuana entities to operate as manufacturers, distributors, or dispensers. The DEA aims to process applications submitted within 60 days of the rule’s publication within six months, and early applicants are permitted to operate under their state licenses while their federal application is pending.
• Federal Tax Relief: Because Section 280E of the Internal Revenue Code only disallows business deductions for entities trafficking in Schedule I or II substances, state medical marijuana licensees moved to Schedule III will now be eligible for standard federal tax deductions.
• Dispensing Certifications: While Schedule III drugs normally require a valid prescription, the DOJ recognized current medical practices and ruled that state-authorized medical marijuana certifications are sufficient for dispensing, provided they include the user’s name, address, the practitioner’s details, and are signed and dated.

Resources:

• NCCIH Policy: Natural Product Integrity | NCCIH
• The Whole Person Health Index: A New Tool for Human Mechanistic and Clinical Studies | NCCIH
• Opportunity Listing – A Holistic Approach to Study Non-Addictive Natural Products for Pain Management

R3CR Advisory for Stakeholders

As these regulations take effect, R3CR is committed to helping institutional administrators and scientists navigate the regulatory pathways for product development. R3CR will continue to provide updates and guidance on:

• The transition from Schedule I to Schedule III for researchers and manufacturers.
• Navigating C-III registrations for medical cannabis producers.
• Determining clinical-grade versus research-grade quality standards.
• Conducting Real World Evidence studies.

Looking Ahead

While this final rule implements immediate changes for medical marijuana, the DOJ has also initiated an expedited administrative hearing process to consider the broader, complete rescheduling of marijuana from Schedule I to Schedule III. This hearing is scheduled to begin on June 29, 2026.

The R3CR is developing a peer-to-peer supply network that allows investigators to offer rare or excess materials to support collaborative research between institutions.

Features:

• Guidelines for material transfer agreements and legal compliance
• Platform for posting available materials or requests.
• Portal for outreach and collaborations between researchers and research material providers

The repository will provide comprehensive information on best practices for conducting quality research.

This includes guidance on analytical methods, cannabis product characterization, reagents, analytical reference materials, survey measurements, and data elements.

The information is globally applicable for quality research and emphasizes relevance to cannabis-related research.

The repository will offer up-to-date listings of suppliers and the types of materials they offer. It will also provide guidance on obtaining suitable materials and best practices for using them to achieve research objectives.

The website will include a question-and-answer log where registered investigators can ask questions about regulatory compliance and best practices.

This provides timely responses that can be viewed by other registered users, helping to broaden the scope of information available to the community.

We will also provide guidance on special considerations for complex sample matrices and appropriate nomenclature to address confusion about cannabis varieties.

The repository will serve as a portal for outreach and collaboration between researchers and research material providers.

Our goal is to leverage the collective expertise of our partner institutions and collaborate with reference material providers to increase the offerings of research standards and metrics.

The R3CR aims to address the challenges and barriers to cannabis research by providing resources to the scientific community. Its goal is to provide guidance and information to help researchers with regulations, obtaining quality materials, and developing strong proposals. By doing so, the R3CR hopes to generate more rigorous scientific evidence across various research domains.

The R3CR is structured with three core functions, each led by one of the partner institutions.

Research Support Core: This core promotes the advancement of cannabis research by providing guidance and resources. It organizes workshops and webinars and administers seed funding to foster the research of new and existing investigators.

Regulatory Guidance Core: This core aims to reduce barriers to cannabis research by compiling and interpreting regulatory policies. It serves as a clearinghouse for policy guidance and establishes direct communication with agencies like the FDA and DEA.

Research Standards Core: This core works to improve the reproducibility of research studies. It provides guidance on analytical procedures, best practices, and quality standards for investigational materials.

Everyone is eligible to apply for seed funding projects, including the contacting PIs of the research networks. However, foreign seed funding projects are prohibited due to regulatory challenges. The seed funding is intended to support logistical barriers and is not for experimental activities.

Researchers can stay updated by checking the R3CR website, joining the mailing list, and following its social media channels. The Research Support Core is responsible for maintaining the website and social media accounts to disseminate guidance, resources, and event information.

The Research Standards Core will provide guidance on the quality of cannabis investigational materials to ensure reproducibility in studies. This includes guidance on analytical methods, best practices for using materials, and information about peer-to-peer supply networks and other suppliers. A dynamic repository will also be available to share quality standards, potency metrics, and regulatory-aligned guidelines.