With US reclassifying medical marijuana, is it now legal across the country?

WASHINGTON — The Trump administration on Thursday enacted an order reclassifying state-licensed medical marijuana as a Schedule III drug, a major policy shift long sought by advocates. But that doesn’t mean it’s been legalized across the board. 

The order, signed by acting Attorney General Todd Blanche, marks a downshift of medical marijuana from Schedule I  — the same category as drugs like heroin  — to the less strictly regulated Schedule III. 

The Trump administration also said it was jump-starting the process for reclassifying marijuana more broadly, setting a hearing to begin in late June.

No. The Trump administration order does not legalize marijuana for medical or recreational use under U.S. law. But it does change the way it’s regulated. 

In the U.S., 24 states, along with the District of Columbia, have legalized marijuana for adult recreational use. Additionally, 40 states and D.C. have legalized cannabis for medical use. But it remains a federal crime to possess marijuana in all 50 states.

Despite technically being a federal crime, since 2015, Congress has prohibited the Justice Department from using its resources to shut down state-licensed medical marijuana systems. In practice, this means that in states where recreational cannabis or medical marijuana is legal, businesses are able to sell the drug. 

The U.S. Drug Enforcement agency has five categories, or Schedules, of drugs. Narcotics are placed in one of the categories based on their acceptable medical use and the potential for the drug to be abused or cause dependency. 

Schedule I drugs are the most serious category, which is made up of drugs that the U.S. says have no medical purpose and are highly addictive. Some examples include heroin, LSD and until Thursday, cannabis. 

For nearly 100 years, the U.S. government has continued its longstanding marijuana prohibition — dating to the Marihuana Tax Act of 1937 — even as nearly all the states have approved cannabis use in some form, often for medical purposes. 

A Schedule III drug, which is what medical marijuana is classified as now on a federal level, has a “moderate to low potential for physical and psychological dependence,” according to the DEA. Other drugs in this category include Tylenol, anabolic steroids and testosterone. These drugs, despite having the ability for abuse, are considered medically beneficial in specific circumstances. 

State-licensed medical marijuana is a specific subset of marijuana sold in the U.S. today. It refers to cannabis sold in states where medical marijuana is legal, to customers who have a valid permit for the drug. 

Any marijuana-derived medicine approved by the Food and Drug Administration is similarly listed in Schedule III, the federal government said.

Marijuana or marijuana-derived products that are not distributed through a state medical marijuana program will continue to be classified in Schedule I.

Blanche’s action largely legitimizes medical marijuana programs in the 40 states that have adopted them. It sets up an expedited system for state-licensed medical marijuana producers and distributors to register with the DEA.

It also makes clear that cannabis researchers won’t be penalized for obtaining state-licensed marijuana or marijuana-derived products for use in their work, and it grants state-licensed medical marijuana companies a windfall by allowing them, for the first time, to deduct business expenses on their federal taxes.

It was unclear how the order might affect operations in states where licensed recreational marijuana shops also sell to medical patients. In Washington state, which in 2012 became one of the first states to legalize the adult use of marijuana, 302 of 460 licensed stores have endorsements allowing them to sell tax-free cannabis products to registered patients.

The Associated Press contributed to this report.