A long-awaited Final Order from the U.S. Department of Justice (DOJ) and Drug Enforcement Agency (DEA) was released on April 23, 2026. The Order places both FDA-approved products containing marijuana and marijuana products regulated by a state medical marijuana license in Schedule III of the Controlled Substances Act, as well as the initiation of an expedited administrative hearing process to consider the broader rescheduling of marijuana from Schedule I to Schedule III.
This action continues a process that began in 2022 when former President Biden directed the U.S. Department of Health and Human Services (HHS) and the DEA to review how marijuana is scheduled under the federal Controlled Substances Act (CSA). Over the years, a series of actions have been taken including scientific and medical evaluation by HHS, DOJ legal opinion, and 2024 proposed rule. Most recently, on December 18, 2025, President Trump issued an Executive Order on Increasing Medical Marijuana and Cannabidiol Research.
In the DOJ press release, Acting Attorney General Todd Blanche states, “This rescheduling action allows for research on the safety and efficacy of this substance, ultimately providing patients with better care and doctors with more reliable information.”
While this April’s Final Order achieves the goal of immediately placing 1) FDA-approved products containing marijuana and 2) marijuana products regulated by a state medical marijuana license in Schedule III, it should be noted that legal changes are still necessary to achieve compliance under other existing laws. Additionally, other forms of marijuana not covered under the Order’s purview still remain a Schedule 1 controlled substance. The DEA will hold a hearing on June 29, 2026, to receive input on broader changes to the scheduling of marijuana under federal law.
Michigan, pursuant to the Michigan Medical Marihuana Act, is one of 40 states that allow the medical use of cannabis products. Patients with qualifying medical conditions can apply to receive a Michigan Medical Marijuana Program Patient Registry Card. Obtaining a Patient Registry Card enables patients to obtain, use, possess, cultivate, manufacture, deliver, and transfer marijuana according to criteria established in state law.
The Michigan State Medical Society (MSMS) is consulting with MSMS Legal Counsel to determine the impact of the Final Order on Michigan’s physicians and patients. Watch for further information in upcoming Medigram articles.
In the meantime, please feel free to contact Stacey Hettiger if you have any questions. She can be reached at shettiger@msms.org or 517-336-5766.
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