Cannabis Redux: Marijuana Rescheduling Act Reintroduced in the U.S. House

On the heels of President Donald Trump saying that he is considering executive action on marijuana rescheduling determination, Representative Greg Steube (R-Florida) reintroduced his Marijuana 1-to-3 Act that would legislatively reschedule marijuana from schedule I under the federal Controlled Substances Act (“CSA”) to schedule III.  Like the 2019, 2021, and 2023 versions of the Marijuana 1-to-3 Act, which never made it out of committee, the 2025 bill would direct the Attorney General to order the transfer of marijuana from schedule I to schedule III within 60 days of enactment.  H.R. 4963, 119th Cong. § 2 (2025); H.R. 4323, 116th Cong. § 2 (2019); H.R. 365, 117th Cong. § 2 (2021); H.R. 610, 118th Cong. § 2 (2023).

The Congressman posted on X that “[i]t makes zero sense that federal law treats marijuana the same as heroin and LSD.  It is even more ridiculous that cocaine is technically classified as less restrictive than marijuana.”  Congressman Greg Steube (@RepGregSteube), X (Aug. 11, 2025, at 15:21 ET).  (Unlike marijuana, cocaine has a currently accepted medical use in treatment in the U.S., including, for example, as a topical anesthetic, so is classified a schedule II substance.)  Steube characterized the bill as “a common-sense change that will finally allow real scientific research into its medicinal value and ensure our drug laws reflect reality.”  Id.

Health and Human Services recommended in August 2023 that the Drug Enforcement Administration (“DEA”) also reschedule marijuana to schedule III.  DEA published a Notice of Proposed Rulemaking (“NPRM”) in May 2024 signed by Attorney General Merrick Garland proposing to reschedule marijuana to schedule III, leading to a public hearing that began in January 2025 to receive factual evidence and testimony on marijuana rescheduling.  The hearing was stayed in January and, with DEA Chief Administrative Law Judge John Mulrooney’s recent retirement, rescheduling is in the hands of new Administrator Terrance Cole.

Rescheduling marijuana from schedule I, the most restrictive classification, to less restrictive schedule III would continue to present significant implications for marijuana-related businesses and users.  The NPRM stated that should rescheduling occur, “the regulatory controls applicable to schedule III controlled substances would apply, as appropriate, along with existing marijuana-specific requirements and any additional controls that might be implemented, including those that might be implemented to meet U.S. treaty obligations.”  Schedules of Controlled Substances: Rescheduling of Marijuana, 89 Fed. Reg. 44,597, 44,621 (May 21, 2024).  In the absence of marijuana-specific exemptions, cultivators, producers, and processors, distributors, importers, dispensers and practitioners will be subject to specific regulatory requirements under the CSA and DEA regulations.  Requirements would likely vary for different business activities.

If marijuana is rescheduled to schedule III, legitimate handlers would be required to obtain a DEA registration, take initial and biennial inventories, maintain transaction records, file theft and significant loss reports, and provide adequate security to prevent diversion.  Dispensing marijuana to patients, as with other schedule III substances, would require a prescription issued for legitimate medical purpose by a DEA-registered, state-licensed practitioner.  21 U.S.C. § 829(b).  As with the other schedule III substances that they dispense, pharmacists would be required to exercise their corresponding responsibility under the CSA to ensure that marijuana is prescribed and dispensed for legitimate medical purpose.  21 C.F.R. § 1306.04(a).  Marijuana activities would be subject to the CSA criminal prohibitions under 21 U.S.C. §§ 841-844 and Federal Food, Drug, and Cosmetic Act provisions.  89 Fed. Reg. 44,597, 44,621.

As with the prior Marijuana 1-to-3 Acts, the 2025 bill was referred to the House Energy and Commerce as well as the Judiciary Committees.