DOJ Issues Order to Re-schedule Medical Marijuana

4/23/2026

WASHINGTON, D.C.   –  On April 22, 2026, the Department of Justice (DOJ) issued an Order re-scheduling certain medical marijuana products under the Controlled Substances Act (CSA) from Schedule I to Schedule III. The DOJ Order includes products approved by the Food and Drug Administration (FDA) or products that are subject to a state-issued medical marijuana license. The DOJ Order is available here.

The Order also directs the Drug Enforcement Agency (DEA) to provide a process for state licensed medical marijuana entities to register as manufacturers, distributors, or dispensers of medical marijuana. DEA is directed to expeditiously process applications and will allow “early applicants” to continue operating lawfully under their state license during the review process.

While this is a significant move toward legalizing marijuana, it is unclear how the Order applies to Tribes. The Order does not recognize Tribally-issued medical marijuana licenses. The Order only mentions Tribes to say that Tribal Consultation is not required under Executive Order No. 13175 on “Consultation and Coordination with Indian Tribal Governments,” because the Order does not have “substantial effects” on one or more Indian tribes. The Administration has been making this claim in other areas to avoid consulting with Tribes or considering Tribal interests.

Tribes will need to take action in order to ensure that Tribal operations are not treated differently by DOJ or disadvantaged by DEA approval of state licensed operators. For example, similar to the DOJ Cole and Wilkinson Memorandums, Tribal Operators may seek to protect their operations by complying with federal and state laws. Tribes could also seek compacts with surrounding state governments. Finally, Tribes may also want to advocate for DOJ to issue guidance discussing how the Order and its registration provisions apply to Tribes.

Finally, adult-use marijuana has not been re-scheduled. Instead, DOJ scheduled a new hearing on the full re-scheduling of marijuana for June 29, 2026. DOJ states that this new hearing is intended “to move more efficiently toward the completion of marijuana’s complete redesignation.” DOJ states that the new hearing will end by July 15, 2026. DOJ also terminated the re-scheduling hearing procedures that began under the Biden Administration.

Skenandore Wilson LLP is dedicated to the representation of Tribal Nations, Tribal entities, and individual Tribal members throughout Indian Country.  Our mission is to support and advance the sovereignty, self-sufficiency, and self-governance of our Tribal clients.  To learn more about how we can assist you, contact us at info@skenandorewilson.com or 608-608-1210.