On April 23, 2026, the U.S. Department of Justice (DOJ), in coordination with the Drug Enforcement Administration (DEA), issued a final order placing FDA‑approved marijuana products and marijuana products authorized under qualifying state medical marijuana licenses, including Ohio’s program, into Schedule III of the federal Controlled Substances Act (CSA). This action is intended to support medical research and access to approved therapies while maintaining strict federal controls. Read the full order.
While this represents a significant federal policy shift, it is important for researchers to understand that marijuana remains a controlled substance. Placement in Schedule III does not remove regulatory requirements; rather, it adjusts the regulatory framework within which research may occur.
Key points relevant to researchers include:
- Schedule III status still requires DEA registration and licensure for possession, storage, use, and transfer of marijuana or marijuana‑containing products.
- Only FDA‑approved products and products covered by qualifying state medical marijuana licenses are included in this immediate rescheduling; other forms of marijuana remain Schedule I under federal law.
- All applicable recordkeeping, security, inventory, and reporting requirements remain in effect under the CSA.
The DOJ has also announced an expedited administrative hearing process, beginning June 29, 2026, to evaluate whether broader rescheduling of marijuana may occur in the future. Until any additional changes are finalized, current compliance obligations remain fully in force.
Given the continued regulatory complexity, researchers are strongly encouraged to continue to engage with ERIK’s Research Compliance team and your college’s Controlled Substance Oversight Administrator. These offices can help determine whether a project is affected by the DOJ’s action, verify licensing requirements, and ensure compliance with evolving federal guidance.