The Controlled Substances Act (CSA), enacted Oct. 27, 1970, has kept marijuana illegal (under federal laws) at the most stringent level (Schedule I) for over half a century. On June 30, 2026, the Drug Enforcement Administration (DEA) kicked off a hearing to potentially loosen the law’s grip on marijuana (natural only, not synthetic) by bumping it down to Schedule III. The cutoff date for the hearing’s conclusion was set at July 15, so results are forthcoming.
While we wait on any official reports to be issued from D.C., let’s take a look at how we arrived at this seminal point in cannabis’s fight for freedom. Here are some of the key milestones reached in the 21st century. For a deeper look into the history of this movement, read our feature on the history of cannabis laws in the United States.
Head Magazine examines what changed – and what didn’t change – over the past century in our coverage of the history of cannabis and psychedelic laws and regulations. Photo Credit: Tony Webster from Minneapolis, Minnesota, United States, CC BY-SA 2.0 via Wikimedia Commons
2000
The Department of Health and Human Services (HHS) initiates work with the Food and Drug Administration (FDA) and National Institute on Drug Abuse (NDIA) to conduct scientific and medical evaluations of marijuana for drug-scheduling purposes. These evaluations contribute to an FDA Eight Factor Analysis (8FA) that must yield three findings to determine the scheduling recommendation for a substance.
2016
DEA responds two petitions – one from December 2009, and one from November 2011 – requesting the removal of marijuana from Schedule I and placement in another schedule of the CSA. DEA commissions HHS to conduct 8FAs of marijuana, after which DEA denies both petitions.
2018
Congress amends the definition of “marijuana” (spelled “marihuana” in 21 USC 802(16)) pursuant to the passage of the Farm Bill. The move narrows the scope of what is considered marijuana under the CSA by removing “hemp” and “chemical derivatives of hemp” from it. The definition in Public Law 115-334, upholding 7 USC 1639o, is:
“the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and
all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.” (Emphasis added.)
Notably, hemp is expressly exempt from Congress’ definition of tetrahydrocannabinol (THC) in the context of the CSA in 21 USC 1308.11(d)(31)(ii):
“Tetrahydrocannabinols [a collective reference to THC compounds in general] does not include any material, compound, mixture, or preparation that falls within the definition of hemp set forth in 7 U.S.C. 1639o.”
The definition of “hemp” in 7 USC 1639o(1) is:
“the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.” (Emphasis added.)
The definition of the “acceptable hemp THC level” in 7 USC 990.1 is:
“When a laboratory tests a sample, it must report the total delta-9 tetrahydrocannabinol content concentration level on a dry weight basis and the measurement of uncertainty. The acceptable hemp THC level for the purpose of compliance with the requirements of State or Tribal hemp plans or the USDA hemp plan is when the application of the measurement of uncertainty to the reported total delta-9 tetrahydrocannabinol content concentration level on a dry weight basis produces a distribution or range that includes 0.3 percent or less. For example, if the reported total delta-9 tetrahydrocannabinol content concentration level on a dry weight basis is 0.35 percent and the measurement of uncertainty is ±0.06 percent, the measured total delta-9 tetrahydrocannabinol content concentration level on a dry weight basis for this sample ranges from 0.29 percent to 0.41 percent. Because 0.3 percent is within the distribution or range, the sample is within the acceptable hemp THC level for the purpose of plan compliance.” (Emphasis added.)
Before the Farm Bill was passed in 2018, there was no legal distinction between cannabis compounds that get you high (delta-9 THC, delta-8 THC, etc.) and cannabis compounds that have no psychoactive effect (THCA, CBD, CBN, etc.), the latter of which we cover here. Image Credit: Tinnakorn Jorruang / 123RF.com
2020
Matthew Strait, senior policy adviser for the Diversion Control Division of DEA, testifies before the U.S. House of Representatives that DEA is bound by FDA’s recommendations on scientific and medical matters.
2022
President Joseph Biden releases a statement in October that revisits the idea of rescheduling marijuana:
“As I often said during my campaign for President, no one should be in jail just for using or possessing marijuana. Sending people to prison for possessing marijuana has upended too many lives and incarcerated people for conduct that many states no longer prohibit. Criminal records for marijuana possession have also imposed needless barriers to employment, housing, and educational opportunities. And while white and Black and brown people use marijuana at similar rates, Black and brown people have been arrested, prosecuted, and convicted at disproportionate rates.
“Today, I am announcing three steps that I am taking to end this failed approach. … Third, I am asking the Secretary of Health and Human Services and the Attorney General to initiate the administrative process to review expeditiously how marijuana is scheduled under federal law. Federal law currently classifies marijuana in Schedule I of the Controlled Substances Act, the classification meant for the most dangerous substances. This is the same schedule as for heroin and LSD, and even higher than the classification of fentanyl and methamphetamine – the drugs that are driving our overdose epidemic. …
“Too many lives have been upended because of our failed approach to marijuana. It’s time that we right these wrongs.”
In addition, he issues a pardon for people convicted on prior federal charges (or convicted in Washington, D.C.) of simple cannabis possession before Oct. 6, 2022. Head Magazine covers this in “President Biden’s Weed Pardon: What You Need to Know.”
President Joseph Biden helped move the federal government closer to lightening its stance on marijuana by pardoning people punished simply for possessing cannabis, as we discuss here. Photo by Gage Skidmore via Wikimedia Commons
2023
HHS recommends to DEA that marijuana be rescheduled from Schedule I to Schedule III under the CSA, based on FDA’s recommendation to do so. In the Aug. 29, 2023, memorandum issued by Assistant Secretary for Health Rachel Levine to DEA Administrator Anne Milgram, Secretary Levine states:
“Pursuant to the Controlled Substances Act (CSA), 21 U.S.C. 811(b) and (c), I, the Assistant Secretary for Health, am recommending that marijuana, referring to botanical cannabis (Cannabis sativa L.) that is within the definition ‘marihuana’ or ‘marijuana’ in the CSA, be controlled in Schedule III of the CSA.
“Upon consideration of the eight factors [8FAs] determinative of control of a substance under 21 U.S.C. 811(c), the Food and Drug Administration (FDA) recommends that marijuana be placed in Schedule III of the CSA. The National Institute on Drug Abuse has reviewed the enclosed documents (which were prepared by FDA’s Controlled Substance Staff and are the basis for FDA’s recommendation) and concurs with FDA’s recommendation. Marijuana meets the findings for control in Schedule III set forth in 21 U.S.C. 812(b)(3).
“Based on my review of the evidence and FDA’s recommendation, it is my recommendation as the Assistant Secretary for Health that marijuana should be placed in Schedule III of the CSA.” (Emphasis added.)
Read our analysis of the motivations behind, and the repercussions of, HHS’ recommendation to reschedule marijuana here. Photo Credit: 420 Tours, CC BY-SA 4.0 via Wikimedia Commons
2024
DOJ publishes a notice of proposed rulemaking (NPRM) to transfer marijuana from Schedule I of the CSA to Schedule III. This is consistent with the view of HHS that marijuana has a currently accepted medical use, that it has a potential for abuse less than the drugs or other substances in schedules I and II, and that its abuse may lead to moderate or low physical dependence or high psychological dependence. The NPRM invites interested persons to participate in the rulemaking effort by submitting written comments on the proposal or by requesting a hearing.
In response to the NPRM, DEA receives numerous comments and requests for a hearing from interested persons. DEA then schedules a hearing for Dec. 2, 2024. However, the administration later withdraws it and terminates the hearing.
2025
In December, President Donald Trump issues Executive Order (E.O.) 14370, which directs the Attorney General to take action toward rescheduling marijuana. From the president’s statement:
“The Federal Government’s long delay in recognizing the medical use of marijuana does not serve the Americans who report health benefits from the medical use of marijuana to ease chronic pain and other various medically recognized ailments. Americans who often seek alternative relief from chronic pain symptoms are particularly impacted. … 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. … The Federal Government must improve the research infrastructure for medical marijuana to better serve Americans.
“In addition to medical marijuana, which is primarily made up of two cannabinoids—cannabidiol (CBD) and tetrahydracannabinol [sic] (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. … 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.”
Also in 2025, however, the federal government effectively equates CBD to THC in the eyes of the law by making it virtually impossible for cannabis-derived (versus synthetic) CBD to qualify as hemp. Public Law 119-37 amends the definition of “hemp” to exclude cannabinoids with more than 0.3% of not just delta-9 THC (the psychoactive kind of THC) but all forms of THC (including the non-psychoactive kinds). (See p. 139 STAT. 559 in Section (C)(ii)(III).) From a Congressional Research Service report from May 28, 2026:
“The statutory definition of hemp after the enactment of P.L. 119-37, Division B, §781, in part is the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total [THC] concentration (including tetrahydrocannabinolic acid [THCA]) of not more than 0.3 percent on a dry weight basis. While the 2018 farm bill definition of hemp contains a limit of 0.3% delta-9 THC on a dry weight basis, the new hemp definition includes a total THC concentration of not more than 0.3% on a dry weight basis. This change reflects the fact that delta-9 THC is not the only potentially intoxicating THC in the cannabis plant (e.g., delta-8 THC).” (Emphasis added.)
Even in E.O. 14370, President Trump calls attention to the forthcoming change: “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.” (Emphasis added.)
The detail in Public Law 119-37 that will change the fate of CBD was shoehorned into unrelated legislation aimed at ending the U.S. government shutdown, as we explain here. Photo by Saul Rivera / pexels.com
Before the federal government passes Public Law 119-37, California enacts its own version of it (Assembly Bill 8), and Texas nearly passes its own version of that law.
2026
On April 28, the acting Attorney General issues a notice of hearing on the NPRM to transfer marijuana from Schedule I to Schedule III of the CSA. People who want to participate in the hearing have to apply to gain admittance, and the DEA administrator grants admittance to:
- National Drug & Alcohol Screening Association
- Tennessee Bureau of Investigation
- Smart Approaches to Marijuana
- The States of Nebraska, Idaho, Indiana, and Louisiana
- DUID Victim Voices
- Kenneth Finn, MD
- Phillip A. Drum, PharmD
The hearing on the NPRM is scheduled to commence on June 29 at 9 a.m. ET at the DEA Hearing Facility, and to conclude no later than July 15.
—
That’s where we are at the time of this article’s publication.
Conclusion
The battle for rescheduling marijuana is also a veiled battle for rescheduling CBD, CBN, CBG and other cannabis-derived products that have medical uses but no psychoactive effects. Under Public Law 119-37, which goes into effect Nov. 12, 2026, it will be nearly impossible to distinguish these products from marijuana legally. Consequently, buying hemp gummies will become as hard as buying a pack of pre-rolls, and will put you at equal risk of being fined and/or imprisoned for possessing them.
So, whatever happens – or doesn’t happen – to marijuana in terms of CSA rescheduling as a result of the July 2026 hearing will steer the fate of CBD, CBN, CBG and the like simultaneously. If you’re accustomed to having easy access to CBD/CBN/CBG/etc. products, whether you consume marijuana or not, you too will be impacted by whatever transpires.
Keep your eyes and ears open and check back with Head Magazine for updates.
The information in this article and any included images are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis or treatment. If you have any concerns or questions about laws, regulations or your health, you should always consult an attorney, physician or other licensed professional.
Kathleen Hearons is a writer, editor, linguist and voice over actor from Los Angeles. She specializes in creative writing and research-intensive analysis and reporting.
Sources and Suggested Reading
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