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Marijuana scheduling snapshot: A rapid 50-state and D.C. survey
Zachary D Smith1, Rachel E Barenie2
1The University of Tennessee Health Science Center, College of Pharmacy.
Journal of the American Pharmacists Association : Japha
|August 7, 2026
Summary
Most U.S. states classify marijuana as a Schedule I controlled substance, but federal rescheduling to Schedule III could create regulatory complexity. Pharmacists must monitor state laws for compliance, as federal and state regulations may conflict.
Area of Science:
- Pharmacology
- Public Health Law
- Regulatory Affairs
Background:
- Marijuana is federally classified as a Schedule I controlled substance.
- A proposed rule by the Drug Enforcement Administration (DEA) could reschedule marijuana to Schedule III.
- This potential change may introduce further regulatory complexities and conflicts between federal and state laws.
Purpose of the Study:
- To assess the current legal scheduling of marijuana across all 50 U.S. states and the District of Columbia.
- To analyze the implications of a potential federal rescheduling of marijuana to Schedule III.
Main Methods:
- A comprehensive 50-state survey was conducted in January 2026.
- Legal databases, including Westlaw, were utilized to search state laws.
- Search terms included "marijuana," "controlled substance," "schedule," "cannabis," and "marihuana."
Main Results:
- The majority of states (65%) classify marijuana as a Schedule I controlled substance, aligning with current federal law.
- Nine states (18%) do not have marijuana scheduled.
- Nine states (18%) have marijuana in other classifications, with two states already at Schedule III.
Conclusions:
- Rescheduling marijuana to Schedule III could lead to three scenarios: state law stricter than federal, federal law stricter, or automatic federal alignment.
- Increased regulatory complexity is anticipated following any federal rescheduling.
- Pharmacists need to be aware of state-specific laws to ensure compliance, especially in states with stricter regulations.
