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1 1 (December 22, 2025)

handle is hein.crs/govetbc0001 and id is 1 raw text is: Legal Consequences of Rescheduling Marijuana Updated December 22, 2025 On December 18, 2025, President Trump issued an executive order directing the Attorney General to take all necessary steps to expeditiously move marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA). The executive order followed a May 2024 notice of proposed rulemaking from the U.S. Department of Justice (DOJ) and the U.S. Drug Enforcement Administration (DEA) proposing to reschedule marijuana from Schedule I to Schedule III. At the time the executive order was issued, the agencies had not taken final action on the proposed rescheduling, and it remains to be seen whether and when they will do so. A CRS Insight outlines policy considerations related to rescheduling marijuana. This Legal Sidebar provides information on the legal consequences of the possible move of marijuana from Schedule I to Schedule III. It then discusses considerations for Congress related to the executive order and the potential rescheduling ofmarijuana. Current Legal Status of Cannabis Under the CSA Cannabis and its derivatives generally fall within one of two categories under federal law: marijuana or hemp. Unless an exception applies, the CSA classifies the cannabis plant and its derivatives as marfluana (some provisions ofthe statute use an alternative spelling, marihuana). The CSA definition of marijuana excludes (1) products that meet the legal definition ofhemp and (2) the mature stalks ofthe cannabis plant; the sterilized seeds of the plant; and fibers, oils, and other products made from the stalks and seeds. Marijuana is a Schedule I controlled substance under the CSA. Currently applicable federal law defines hemp as the cannabis plant or any part of that plant with a delta-9 tetrahydrocannabinol (THC) concentration of no more than 0.3%. In November 2025, Congress enacted legislation changing the definition ofhemp so that, among other things, it is defined based on total THC concentration rather than just the concentration ofdelta-9 THC. The new definition is scheduled to take effect in November 2026. Other CRS products discuss the legal and policy implications of that change. The non-psychoactive compound cannabidiol (CBD) falls within the legal definition of hemp. Hemp is not a controlled substance under the CSA. Congressional Research Service https://crsreports.congress.gov LSB11105 CRS Legal Sidebar Prepared for Members and Committees of Congress