It’s hard to believe, but after decades of research and advocacy, cannabis supporters are finally getting their fairytale ending (or at least a solid start!).
On December 18, 2025, President Trump signed an Executive Order to downgrade marijuana from Schedule I classification – where it was previously grouped with drugs like heroin (that have “no acceptable medical use”) – to Schedule III! This change means that the government now views cannabis as similar to substances like testosterone and Tylenol with codeine.
Have a million questions? Don’t worry! As Florida’s leading network of medical marijuana doctors, CannaMD has all the answers you need. Keep reading for reclassification FAQs – and remember: if you need your medical card, our physicians are always here to help!
Editor’s Note: The following is intended for educational purposes only and does not constitute legal advice.
What Does Trump’s Marijuana Order Say?
On December 18, 2025, President Trump signed an Executive Order effectively changing marijuana’s classification from a Schedule I substance to Schedule III. The Order directed the Attorney General to “expedite” and “complete” the process of rescheduling marijuana. In addition to this change, the President also urged Congress to update the definition of “hemp” to ensure consumers maintain access to full-spectrum CBD products (which became a concern after recent “hemp ban” legislation was folded into the H.R. 5371 funding package).
You can watch a full video of the Executive Order signing here.
During the same briefing, Dr. Mehmet Oz, Administrator for the Centers for Medicare & Medicaid Services, announced a program that will allow a number of Medicare & Medicaid beneficiaries to receive hemp-derived CBD under doctor recommendation at no cost (up to a certain threshold). The program is expected to begin in April 2026.
During a background briefing, a White House official stressed that Trump’s “common sense” Executive Order is “focused on increasing medical research for medical marijuana and CBD” to “better inform patients and doctors.”
When Does Marijuana Rescheduling Go Into Effect?
The rescheduling process requires a number of red-tape steps, but the Attorney General has been instructed to complete the process as quickly as possible. An official date has not been released at the time of publication.
What Is Drug Rescheduling?
Drug rescheduling is the process of moving a substance from one schedule to another under the Controlled Substances Act (CSA), based on new evidence about its medical use, safety, and abuse potential. The United States Drug Enforcement Agency (DEA), often in consultation with the Food and Drug Administration (FDA) and the Department of Health and Human Services (HHS), makes these determinations.
According to the DEA:
Drugs, substances, and certain chemicals used to make drugs are classified into five distinct categories or schedules depending upon the drug’s acceptable medical use and the drug’s abuse or dependency potential. Schedule I drugs are considered to have the highest risk of abuse, with no recognized medical use in the US, while Schedule V drugs have the lowest potential for abuse.
- Schedule I: High abuse potential with no accepted medical use; may not be prescribed, dispensed, or administered.
- Examples include: marijuana, heroin, mescaline, LSD and MDMA.
- Schedule II: High abuse potential with severe psychological or physical dependence; however, these medications have an accepted medical use and may be prescribed, dispensed, or administered.
- Examples include: oxycodone, morphine, methylphenidate, amphetamine and methamphetamine.
- Schedule III: Intermediate abuse potential (i.e., less than Schedule II but more than Schedule IV medications).
- Examples include: anabolic steroids, testosterone and ketamine.
- Schedule IV: Abuse potential less than Schedule II but more than Schedule V medications.
- Examples include: anabolic steroids, testosterone, ketamine, diazepam, alprazolam and tramadol.
- Schedule V: Medications with the least potential for abuse among the controlled substances.
- Examples include: pregabalin, diphenoxylate/atropine and dextromethorphan.
Marijuana’s status as a Schedule I drug has been repeatedly questioned and challenged based on the large (and still growing!) body of scientific evidence highlighting the plant’s medical benefits. Studies suggest cannabis may help with epilepsy, anxiety, insomnia, PTSD, cancer, and Parkinson’s disease (just to name a few!) Research has also highlighted marijuana’s role as an exit drug rather than a “gateway” drug. (For more myth-busting, check out our earlier post: Top Studies Proving Medical Marijuana Works).
CannaMD currently certifies patients with over 75 different conditions – to find out if your condition is covered, visit our conditions page!
How Does Rescheduling Impact FL Medical Marijuana Patients?
Nothing has changed with the Florida medical marijuana program (which is governed by state law), meaning – at least for the time being – everything remains the same for Florida medical marijuana patients. However, that doesn’t mean patients won’t benefit from the change.
For instance:
- Increased research opportunities (more details below) will translate into improved medical guidance and medication quality,
- Financial improvements on the business-side of the industry should, over time, trickle down into cost-savings for patients, and
- Reduced stigma will pave the way for even more high quality scientists and physicians to enter the field (although CannaMD already has a ton!).
Remember: Any changes to Florida’s medical marijuana program will need to be enacted by the state legislature. So unless any new developments arise on that front, patients can rest assured that all current rules and regulations remain the same.
Will Insurance Cover Marijuana Now?
UNLIKELY. But at least now, the door is open…
Public insurance programs (which differ from private programs) have previously shied away from medical cannabis coverage in large part due to the plant’s Schedule I status and an unwillingness to tread into the murky state versus federal law debate. Now that cannabis is classified as a Schedule III substance, the federal government acknowledges that it does have medical value (unlike Schedule I drugs) – which makes insurance coverage possible. However, there’s still two big problems:
- Dispensaries aren’t DEA-registered pharmacies
- Dispensary-sold cannabis isn’t FDA-approved
Now, if a specific cannabis-based product passes FDA approval (which is a distinct possibility now that marijuana is a Schedule III substance), insurance programs may be open to covering that specific medication. But until then, public insurance programs are likely to remain cautious (although private companies may be more open to engaging with state programs).
Is Marijuana Legal Now That It’s Rescheduled?
NO. Even though it’s been rescheduled, marijuana is still a controlled substance – meaning its unauthorized cultivation, possession, and sale is still a violation of federal law. Importantly, criminal penalties for marijuana are defined separately from other controlled substances (see: Statute 21 U.S.C. §841, §844); rescheduling does not automatically change those penalties.
As President Trump stressed during his signing:
[This Order] doesn’t legalize marijuana in any way, shape or form, and in no way sanctions its use as a recreational drug.
However, Schedule III status means individual cannabis-based products are now eligible for federally legal medical use if all federal requirements are met (such as FDA-approval, DEA-registration, prescription regulation, etc.). Right now, dispensary-sold cannabis products do not meet that threshold. But, if a cannabis-based product went through the FDA-process and jumped through all the regulatory hoops? Yep, that specific cannabis-based medication could theoretically be sold via “regular” pharmacies just like Tylenol with codeine!
Full legalization would require removing marijuana entirely from the Controlled Substances Act and and eliminating federal criminal prohibitions tied specifically to cannabis under that framework – something only Congress can do.
As the Associated Press noted prior to President Trump’s Executive Order, even after rescheduling, cannabis “[will] remain a controlled substance and not be legalized for recreational use.”
Fortunately, Florida – like many other states – outlines state-level protections for medical marijuana patients complying with guidelines for possession and use.
Note: Marijuana laws still vary widely by state. The map below provides a quick overview:
Do I Still Need a Florida Medical Marijuana Card Now That Cannabis Is Rescheduled?
YES. Schedule III reclassification does not affect Florida laws permitting the medical use of marijuana for patients with a qualifying condition. Access to medical marijuana still requires a Florida medical marijuana card. Anyone currently holding a valid card will not be affected by the change. The process of qualifying for medical marijuana will also remain unchanged, barring any updates from the Florida state legislature.
Can Florida Patients Buy Medical Cannabis From Other States Now?
NO. As a Schedule III drug, cannabis is still be subject to the Controlled Substances Act and requires special FDA approval to be sold across state lines. However, Florida medical marijuana patients may continue to enjoy the convenience of online purchase and delivery from licensed in-state dispensaries.
Will Marijuana Reclassification Lead to New Prescription Requirements?
HIGHLY UNLIKELY. Purchasing Schedule III drugs such as ketamine, Tylenol with codeine, and testosterone supplements requires a written prescription from a licensed medical practitioner. These drugs have been through a lengthy process of FDA review and approval. While some pharmaceutical products derived from marijuana may eventually undergo a similar process, cannabis-based products now available to medical marijuana patients in Florida will continue to be distributed through the current physician recommendation process unless Florida law or Department of Health regulations explicitly change that framework.
Note: While patients (and even some news outlets) tend to use the terms interchangeably, Florida medical marijuana “prescriptions” are technically referred to as “physician recommendations,” as “prescriptions” only apply to FDA-approved medications.
Who Will Benefit From Marijuana Reclassification?
RESEARCHERS: Medical marijuana research conducted in the United States is currently hampered by restrictive DEA permitting processes and requirements that all products be sourced from a limited number of government-sanctioned suppliers. The products from these suppliers do not represent the full spectrum of cannabis available and in common use. Now that marijuana is rescheduled as a Schedule III drug, researchers will face far fewer permitting barriers and will have access to a much wider range of products. State and institutionally funded programs will have the most freedom, while some federally funded research programs will still face specific restrictions.
BUSINESSES: The most immediate benefit to cannabis growers and retailers could be a tax break. Based on marijuana’s current Schedule I status, the Internal Revenue Service does not allow any business involved in the cultivation, distribution, or sale of cannabis to deduct ordinary business expenses on their tax returns. Moving marijuana to a Schedule III status could free cannabis-based businesses from these restrictions. While rescheduling does not change the legality of cannabis, it will likely result in an evolution of banking and lending practices. Cannabis-based businesses might find it easier to obtain financing for startups and expansions, and could see improved access to banking services.
PATIENTS: Cost savings and increased profitability from a more cannabis-friendly business climate may be passed on to consumers in a competitive market. Credit card purchases may also become possible for Florida cannabis consumers who must currently pay for marijuana medication with cash or via direct payment apps. Removing the requirement for cash sales would also reduce safety risks for cannabis retailers who currently accrue and hold large sums of cash.
What Has Trump Said About Marijuana in the Past?
President Trump has been a vocal supporter of state marijuana programs (even supporting recreational use in Florida: “As a Floridian, I will be voting YES on Amendment 3”) and speaking out against over-policing:
I believe it is time to end needless arrests and incarcerations of adults for small amounts of marijuana for personal use.
Trump’s also been clear about his support of states’ rights and banking access, promising in September 2024:
As President, we will continue to focus on research to unlock the medical uses of marijuana to a Schedule III drug, and work with Congress to pass common sense laws, including safe banking for state-authorized companies, and supporting states’ rights to pass marijuana laws, like in Florida, that work so well for their citizens.
While President Trump’s omission of the Rohrabacher–Farr Amendment in his second-term budget proposal gained a lot of media attention (the amendment in question is a federal appropriations rider prohibiting the Department of Justice from using federal funds to interfere with state medical marijuana programs), history shows this practice is common:
- Although Congress first passed the Amendment in 2014 under President Obama, even Obama omitted its mention from subsequent budget proposals;
- Trump also omitted mention during his first-term proposals; and yet,
- In all cases, Congress enacted the protection into final law.
In other words: Enacting the Rohrabacher–Farr Amendment via the appropriations process is standard practice for Democrats and Republicans. President Biden made a point of including the protection in his proposals, which made Trump’s omission seem newsworthy. However, it’s simply the way he – and Obama – have always done business.
Marijuana Rescheduling Timeline
In 2022, under the direction of President Biden, reclassification gained momentum after the HHS and Attorney General reviewed marijuana’s scheduling status. This resulted in a pivotal letter from the HHS to the DEA that officially advocated for marijuana’s reclassification to Schedule III. The FDA’s support was noted within this review, with the Assistant Secretary of Health writing:
Upon consideration of the eight factors 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 the FDA’s recommendation) and concurs with the FDA’s recommendation. Marijuana meets the findings for control in Schedule III set forth in 21 U.S.C. 812(b)(3).
While the report itself was published on August 23, 2023, the un-redacted version didn’t reach the public until January 12, 2024.
On August 8, 2025, The Wall Street Journal reported that President Trump indicated he was “open” to changes in federal marijuana policy.
On August 11, 2025, President Trump announced that he would try to fast-track the reclassification of marijuana as a Schedule III drug, publicly addressing the issue at a White House press conference.
Trump went on to state:
We’re looking at it. Some people like it. Some people hate it. Some people hate the whole concept of marijuana.
In a separate remark, President Trump also said:
Very complicated subject is the subject of marijuana. I’ve heard great things having to do with medical, and I’ve heard bad things having to do with just about everything else.
The process of rescheduling then moved through a series of bureaucratic and regulatory steps, eventually culminating on December 18, 2025 with President Trump’s Executive Order directing the Attorney General to change marijuana’s status to Schedule III.
How to Legally Purchase Marijuana in Florida
Marijuana is only legal in Florida if you are a card-holding, medical marijuana patient. Ready to get your medical marijuana card? Simply complete our free application to find out if you qualify or call CannaMD at (855) 420-9170 today!
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