The Cannabis Schedule III Comment Window Closes May 20. Here’s What Actually Just Happened.
A partial rescheduling already took effect
On April 23, the DOJ and DEA issued an order moving two specific categories of cannabis from Schedule I to Schedule III: FDA-approved marijuana drug products, and marijuana in any form covered by a state medical marijuana license. The order took immediate effect. The Federal Register publication followed April 28. It is the biggest federal change in cannabis classification since the Controlled Substances Act passed in 1970.
The most immediate practical effect: medical cannabis operators can begin deducting ordinary business expenses again, with IRS guidance directing retrospective Section 280E relief for tax years in which a state license was in force. On May 13, Verano Holdings became the first multistate operator to file for expedited DEA Schedule III registration.
The broader hearing is June 29
What the April 23 order did not do is reschedule cannabis generally. That question — whether all cannabis, including adult-use and unlicensed product, moves to Schedule III — heads to a DEA hearing on June 29. Holland & Knight has a useful summary of the procedural posture.
Two deadlines matter this week. Anyone wanting to participate in that hearing must file written notice by May 20 (mail) or May 24 (email). That is four days and eight days from today.
Rize is not filing a notice and will not take a position on broader rescheduling. The reason this matters for our audience: the same agencies that handle cannabis rulemaking — DEA, DOJ, FDA — are also the ones who will eventually issue the controlled-substance telemedicine final rule that determines whether buprenorphine, ketamine, and other Schedule II–V prescribing via telehealth survives past December 31, 2026. The procedural rhythm matters. So does the political signal.
If your work touches addiction recovery infrastructure in any way — clinical, advocacy, fundraising, harm reduction — the cannabis Schedule III process is the closest available read on how the current DEA is going to handle the bigger rulemakings coming behind it.
Sources Cited
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