On December 18, 2025, the White House issued an Executive Order (EO) aimed at modernizing how the United States treats cannabis under federal law, most significantly expediting the move of marijuana from a Schedule I drug to a Schedule III drug.

The EO addresses two things: (1) the expedition of the rescheduling process of marijuana, and (2) increasing access and regulation of hemp-derived cannabinoid products.

Rescheduling Marijuana

For decades, marijuana has been classified as a Schedule I substance, defined by the federal government as having “no currently accepted medical use and a high potential for abuse” (21 U.S.C. § 812).

The new EO directs the Attorney General to expedite the move to Schedule III. This process started in October of 2022 during the Biden Administration, who directed the U.S. Department of Health and Human Services and the Drug Enforcement Administration (DEA) to review how marijuana is scheduled. This change would have two primary impacts:

  • It would be an acknowledgment from the federal government that marijuana has accepted medical applications.
  • It would reduce barriers for researching cannabis. Schedule III substances are significantly easier to study. Researchers will no longer face the same exhaustive DEA registration hurdles that have historically stifled cannabis research.

While the EO orders the expedition of rescheduling, the existing process still stands. The next step in the process is a hearing on the DEA’s proposed rule to reschedule marijuana. This hearing was originally scheduled for January 21, 2025, but was postponed and there has not been movement since.

Access and Regulation of Hemp-Derived Cannabinoid Products

The FY26 Appropriations Bill amended the definition of hemp, shifting the language from the current definition of having no more than 0.3% delta-9 THC on a dry weight basis to having no more than 0.3% total THC concentration on a dry weight basis. This definition, which is scheduled to take effect in November 2026, would seemingly outlaw many non-intoxicating CBD products.

This EO is urging Congress to revisit this definition to allow for non-intoxicating hemp-derived CBD while cracking down on “intoxicating” synthetic hemp products (like Delta-8) that have raised safety concerns on campuses. In addition to the updated definition, the EO directs:

  • The development of a regulatory guidance for hemp-derived cannabinoid products, including guidance on “serving sizes” as it relates to the amount of THC in a product and the ratio of CBD to THC within a product.
  • The development of strategies to improve access to hemp-derived cannabinoid products

What The EO Does NOT Change

This EO does not legalize cannabis at the federal level. Because most universities receive federal funding, they must still comply with the Drug-Free Schools and Communities Act. This means that possession and use of cannabis on campus remains prohibited.

HECAOD will continue to follow the rescheduling process to better understand what any changes may mean for campuses.  Our fellow center, the Drug Enforcement and Policy Center at The Ohio State University, is also an excellent resource for up to date information on the rescheduling process and other legislation related to cannabis.

Cat Packer, Distinguished Cannabis Policy Practitioner in Residence at the Drug Enforcement and Policy Center (DEPC) at The Ohio State University, recently joined Logan Davis, HECAOD’s Outreach and Engagement Manager, for a conversation to discuss what a move for marijuana from Schedule I to Schedule III. This was recorded on October 21, 2025 as part of the 2025 Virtual National Meeting.