When is marijuana officially rescheduled? Schedule 3 timeline is unclear – and has risks

OG article by Chris Roberts

December 22, 2025

President Donald Trump issued an executive order directing Attorney General Pam Bondi to reschedule marijuana as a Schedule 3 drug in the most expeditious manner under federal law. This follows a process initiated under former President Joe Biden in October 2022, which included paused hearings and an August 2023 Health and Human Services finding that cannabis has a currently accepted medical use. The $32 billion U.S. cannabis industry seeks tax relief and research benefits from this reclassification, but the timeline remains uncertain due to bureaucratic discretion and lack of deadlines.

Legal experts, including Matthew Cavedon from the Cato Institute and Shane Pennington from Blank Rome, note that while Bondi could theoretically publish a final rule in the Federal Register within five days, significant hurdles exist. The process involves potential cancellation of ongoing hearings and publication of the rule, but lawsuits are anticipated. Groups like Smart Approaches to Marijuana, represented by former Attorney General Bill Barr, plan to challenge the rule on procedural grounds, potentially alleging non-compliance with federal administrative law.

If steps are rushed, risks include court stays by unfriendly judges, delaying relief indefinitely. Experts warn that bungled processes could extend rescheduling by two to three years. Despite the industry's desire for speed after decades of delay, careful adherence to procedures is emphasized to avoid prolonged litigation and ensure the change's validity.