Schedule III Cannabis: Trump Signs Executive Order Reschedule Marijuana CSA | Hemp Win?

Massive victory for Americans who need relief, and great news for the Cannabis sector including Marijuana and Hemp Industries. 

Thursday, December 18th 2025, President Donald Trump has signed an Executive Order (EO) to reschedule Cannabis at the federal level. Marijuana was previously Schedule I under the Controlled Substances Act (CSA), and is now Schedule III. The EO recognizes its medicinal use, and aims to further research while offering tax relief for Marijuana businesses. -Read Full Executive Order (EO) and Fact Sheet from the White House.

There is specific language that addresses hemp derived cannabinoid products, especially full spectrum CBD: “The Assistant to the President and Deputy Chief of Staff for Legislative, Political, and Public Affairs shall work with the Congress to update the statutory definition of final hemp-derived cannabinoid products to allow Americans to benefit from access to appropriate full-spectrum CBD products while preserving the Congress’s intent to restrict the sale of products that pose serious health risks. This will include consultation with appropriate executive departments and agencies and authorities to develop a regulatory framework for hemp-derived cannabinoid products, including development of guidance on an upper limit on milligrams of THC per serving with considerations on per container limits and CBD to THC ratio requirements. The Secretary of Health and Human Services, the Commissioner of Food and Drugs, the Administrator of the Centers for Medicare and Medicaid Services, and the Director of the National Institutes of Health shall develop research methods and models utilizing real-world evidence to improve access to hemp-derived cannabinoid products in accordance with Federal law and to inform standards of care.”

While there is still an active Federal Ban on Hemp, this EO is acting as a lighter fluid-like catalyst in Congress. Many Senators feel misled after being forced to open the government on November 12th 2025 with harmful hemp language included in the depths of text. Their spirits are empowered by the president's attitude and execution of recognizing medicinal benefits from cannabis including CBD and THC.

Recognizes Hemp Derived Cannabinoid Products: "In addition to medical marijuana, which is primarily made up of two cannabinoids — cannabidiol (CBD) and tetrahydracannabinol (THC) — hemp-derived cannabinoid products, defined by section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o), have shown potential to improve patient symptoms for common ailments and are frequently used by Americans.  One in 5 United States adults and nearly 15 percent of seniors reported using CBD in the past year, and chronic pain patients have reported improvements with CBD use in clinical studies.  Furthermore, evidence suggests that the amount of THC in hemp-derived cannabinoid products can affect both pain treatment efficacy and adverse events.  Hemp-derived cannabinoids, as defined in 7 U.S.C. 1639o, are not controlled substances under the CSA but are subject to the same authorities and requirements as FDA-regulated products containing any other substance.  Adding complexity is the fact that some full-spectrum CBD products will once again be controlled as marijuana under the CSA when section 781 of Public Law 119-37 goes into effect because they contain THC levels above the per-container threshold set by that law.  Further, a recent study found that some commercially available CBD products evaluated were inaccurately labeled regarding CBD isolate, broad-spectrum, or full-spectrum composition, posing safety risks for consumers.  In short, the current legal landscape leaves American patients and doctors without adequate guidance or product safeguards for CBD."

White House Fact Sheet Highlights:

RECOGNIZING AND IMPROVING KNOWLEDGE OF MEDICAL USES OF MARIJUANA AND CANNABIDIOL FOR PATIENTS AND DOCTORS: Today, President Donald J. Trump signed an Executive Order that will improve medical marijuana and cannabidiol research to better inform patients and doctors.

• The Order directs the Attorney General to expedite completion of the process of rescheduling marijuana to Schedule III of the Controlled Substance Act (CSA).
• The Order directs the White House Deputy Chief of Staff for Legislative, Political, and Public Affairs to work with the Congress to allow Americans to benefit from access to appropriate full-spectrum CBD products while still restricting the sale of products that pose serious health risks.
• The Order directs HHS to develop research methods and models utilizing real-world evidence to improve access to hemp-derived cannabinoid products in accordance with Federal law and to inform standards of care.

REMOVING BARRIERS TO RESEARCH: Rescheduling marijuana corrects the Federal government’s long delay in recognizing the medical use of marijuana and will vastly improve research on safety and efficacy.  

• Marijuana is currently controlled as a Schedule I substance, which is defined as having no currently accepted medical use, a high potential for abuse, and a lack of accepted safety for use under medical supervision. 
• Rescheduling marijuana to Schedule III is consistent with the 2023 recommendation from the Department of Health and Human Services (HHS) that recognized for the first time that marijuana has a currently accepted medical use.
• 40 U.S. states plus the District of Columbia have State or locally-sanctioned, regulated medical marijuana programs, and HHS found that 30,000 licensed health care practitioners are authorized to recommend the medical use of marijuana for more than six million registered patients for at least 15 medical conditions.
• The FDA reviewed the landscape of medical use of marijuana and found credible scientific support for its use to treat anorexia related to a medical condition, nausea and vomiting, and pain.
  • Chronic pain affects nearly one in four U.S. adults and more than one in three U.S. seniors, and six in 10 people who use medical marijuana report doing so to manage pain.
  • One in 10 seniors used marijuana in the last year and evidence shows improvements in some seniors’ health-related quality of life and pain with medical marijuana use.
• However, the lack of appropriate research on medical marijuana and consequent lack of FDA approval leaves American patients and doctors without adequate guidance on appropriate prescribing and utilization, especially as just over half of older Americans using marijuana have discussed the usage with their healthcare provider.
• Schedule III status will allow research studies to incorporate real-world evidence and models that can assess the health outcomes of medical marijuana and legal CBD products while focusing on long-term health effects in vulnerable populations like adolescents and young adults.

IMPROVING ACCESS TO CANNABIDIOL PRODUCTS: President Trump is paving the way for enhanced research and better information on hemp-derived cannabinoid products, helping to inform patients and doctors about their potential role in managing common health conditions.

• Hemp-derived cannabinoid products, primarily containing CBD, are not controlled substances under the CSA but currently lack a clear FDA regulatory pathway, limiting product consistency and consumer protections.
• Hemp-derived cannabinoid products have potential to improve patient symptoms for common ailments and are frequently used by Americans.
  • One in five U.S. adults and nearly 15% of seniors reported using CBD in the past year.
  • Clinical studies have shown that chronic pain patients have reported improvements with CBD use.
• The challenging legal landscape for CBD products, including recent changes that affect full-spectrum CBD products, leaves American patients and doctors without adequate guidance or product safeguards.
• Legislative solutions and innovative research methods and models are needed to improve access and inform standards of care. This Administration is committed to work expeditiously to provide clarity and access as appropriate.

DELIVERING ON PROMISES TO HELP IMPROVE HEALTHCARE FOR ALL AMERICANS: President Trump is committed to ensuring our seniors, our veterans, and all Americans have access to the best medical treatments and research infrastructure in the world.

• President Trump has announced five deals with major pharmaceutical manufacturers to bring prices in line with those paid in other developed nations, which will provide substantial price relief on numerous products taken by millions of Americans.
• In February, President Trump signed an Executive Order to that will ensure patients have access to clear, accurate prices before they receive care.
• In April, the Department of Health and Human Services and the Food and Drug Administration announced a series of measures to phase out all petroleum-based synthetic dyes from the nation’s food supply.
• In May, President Trump signed an Executive Order  to increase options for care, benefits, and services for our veterans. This includes reduced wait times for Veterans Health Administration appointments through options such as expanded hours, weekend appointments, and virtual healthcare. 
• Also in May, President Trump signed an Executive Order to impose the highest standards of scientific rigor on both the development and use of science by Federal agencies to restore public trust and ensure that policymaking follows, or adequately addresses, scientific findings, for demonstratable positive outcomes for the American public.
• In July, President Trump signed into law the historic Working Families Tax Cuts Act that included, among other things, an unprecedented $50 billion investment into transforming healthcare in rural communities.
• The historic law also expanded access to Health Savings Accounts that give millions of Americans more control over their healthcare dollars and increased access to Direct Primary Care.
• The Trump Administration is accelerating the approval and availability of safe, effective medicines by reducing unnecessary clinical testing for biosimilars—expanding patient options and lowering costs for millions.

What is the difference between Schedule I and Schedule III Controlled Substances?

Schedule I controlled substances are legally defined as drugs without any currently accepted medical use, contains a high potential for abuse, and a lack of accepted safety for use of the drug under medical supervision.

Schedule III controlled substances are classified as bearing a potential for abuse less than the drugs or other substances in Schedules I and II, a currently accepted medical use in treatment in the United States, and a potential for moderate or low physical dependence or high psychological dependence in the event of drug abuse.