Marijuana scheduling snapshot: A rapid 50-state and D.C. survey

Marijuana is a schedule I controlled substance under federal law, but the Drug Enforcement Administration has published a proposed rule to reschedule it to schedule III at the federal level. This may create an even more complex regulatory landscape for the drug, with potentially ongoing conflicts between federal and state law.

To evaluate the current scheduling of marijuana in the United States.

In January 2026, two researchers independently conducted a 50-state survey to identify the schedule of marijuana in all 50 states and D.C. Westlaw, a legal database, was used to conduct searches in each state using the following search terms: "marijuana, "controlled substance," "schedule," "cannabis," and "marihuana."

Most states listed marijuana as a schedule I controlled substance (n=33; 65%), which is the most restrictive schedule and consistent with current federal law. A total of nine (18%) states did not schedule marijuana. A total of nine (18%) states included marijuana in another schedule or classification system, with two (4%) states having already adopted schedule III.

This review of state laws highlights implications of potentially rescheduling marijuana to schedule III, including three post-change scenarios: (1) state law is stricter than federal, (2) federal law remains stricter, and (3) automatic change in schedule when state law defers to federal. This will likely create more regulatory complexity immediately post-change, and pharmacists must be mindful of their state's laws in practice to ensure compliance, particularly for states that become the stricter law on the topic.