DOJ Reclassifies Marijuana as Schedule III Drug

In a 33-page final order effective April 22, 2026, the Department of Justice Drug Enforcement Agency reclassified marijuana as a Schedule III drug.  Previously, it was a Schedule 1 drug. In addition, the DEA has announced an expedited hearing for June 29, 2026 to consider other federal law changes that may be needed as a result of the change of status from Schedule I to III.

Despite the change to Schedule III status, medical marijuana remains a controlled substance. Even if a state has legalized the sale and distribution of marijuana, federal law still makes it a felony. And using communications facilities like radio and television to facilitate the sale of a federally controlled substance remains a felony under 21 USC § 843 (b) and (c). The DEA Order does not address the restrictions on advertising for controlled substances.  It is possible that the advertising restrictions could be addressed in the expedited June 29, 2026 hearing considering the need for other federal law changes. In the meantime, broadcasters who are regulated by the federal government should carefully scrutinize marijuana ad requests given the risk of violating federal law.