United States (Federal Context)
Jurisdiction Identity
| Field | Value |
|---|---|
| Jurisdiction | United States of America (federal) |
| Type | Federal overview (state/territory pages are separate) |
| Primary authorities | DEA / DOJ (scheduling), FDA (drug products), USDA (hemp), NIDA (research) |
| Official sources | https://www.dea.gov/ ; https://www.fda.gov/ ; https://www.usda.gov/topics/hemp |
| Last verified | 2026-08-09 |
Current Federal Cannabis Framework
| Dimension | Status |
|---|---|
| Controlled Substances Act status | Marijuana generally remains a Schedule I controlled substance; see the April 2026 rescheduling below |
| FDA-approved cannabis-derived/cannabis-related drugs | Regulated as drugs (e.g., Epidiolex, Marinol, Syndros, Cesamet) |
| Hemp framework | Hemp (≤0.3% delta-9 THC) federally legal under the 2018 Farm Bill; 2026 legislation shifts to a total-THC standard effective November 12, 2026 |
| Research context | DEA-registered research and FDA investigational pathways; NIDA supply programs |
| State-law divergence | 50 states + D.C. and territories maintain divergent state frameworks; federal law does not preempt state-law tolerance, and state law does not legalize conduct under federal law |
Controlled Substances Act Context
Marijuana is listed in Schedule I of the Controlled Substances Act (21 U.S.C. § 812). Effective April 28, 2026, a final rule transferred two categories to Schedule III: (1) FDA-approved drug products containing marijuana and (2) marijuana products regulated by a state medical-marijuana license, subject to conditions (see DEA “Marijuana Rescheduling Regulatory Actions” and 91 FR 22714, Federal Register, April 28, 2026). The separate broader rescheduling proceeding had a hearing beginning June 29, 2026; this pass located no final disposition for that broader proceeding. The April 2026 final rule does not legalize adult-use cannabis under federal law.
FDA-Approved Cannabis-Derived and Cannabis-Related Drugs
FDA-approved products include Epidiolex (cannabidiol), Marinol and Syndros (dronabinol), and Cesamet (nabilone). The April 2026 rule places FDA-approved marijuana drug products in Schedule III.
Hemp Framework
The 2018 Farm Bill removed hemp (cannabis with ≤0.3% delta-9 THC on a dry-weight basis) from Schedule I and directed USDA to regulate hemp production. The 2026 federal appropriations/agriculture legislation changes the definition to a total THC standard (including THCA and delta-8 THC) effective November 12, 2026, and caps final-form consumable hemp-derived cannabinoid products (0.4 mg total THC per container under the reported framework). Several states adopted or are adopting their own consumable-hemp restrictions in 2026 (e.g., Tennessee, Virginia, Ohio).
State-Law Divergence
State frameworks range from fully regulated adult-use markets (California, Colorado, Massachusetts, New York, and others) to medical-only programs to no regulated program (Idaho, Kansas, Wisconsin, and others). See the United States state index for per-state profiles. This page does not flatten state law into federal law, and no statement here is legal advice.
Sources & Provenance
- CSA: 21 U.S.C. § 812 (Schedule I listing).
- Rescheduling: DEA “Marijuana Rescheduling Regulatory Actions” — https://www.dea.gov/marijuana-rescheduling-regulatory-actions ; Federal Register final rule for FDA-approved and state-medical products — https://www.federalregister.gov/documents/2026/04/28/2026-08176/schedules-of-controlled-substances-rescheduling-of-food-and-drug-administration-approved-products (91 FR 22714; effective April 28, 2026); Federal Register notice of hearing for the broader NPRM — https://www.federalregister.gov/documents/2026/04/28/2026-08177/schedules-of-controlled-substances-rescheduling-of-marijuana (91 FR 22777; not itself a final rescheduling rule).
- Hemp: 2018 Farm Bill; 2026 total-THC definition effective November 12, 2026.
- Retrieval date: 2026-08-09
Graph Connections
No existing repository entities are linked to the federal context page. State pages are linked from the Jurisdictions index.