Trump Administration Faces September 30 Deadline for Answers on Marijuana Rescheduling

The Trump administration is approaching a September 30 deadline requested by a bipartisan group of House lawmakers seeking answers about how the federal government’s new Schedule III marijuana framework will work in practice.

Representatives Dina Titus (D-NV), Dave Joyce (R-OH), Ilhan Omar (D-MN) and Greg Steube (R-FL) sent a letter August 18 to President Donald Trump, Attorney General Todd Blanche, Health and Human Services Secretary Robert F. Kennedy Jr. and Treasury Secretary Scott Bessent asking for detailed guidance on the consequences of marijuana rescheduling.

The lawmakers requested responses by September 30, putting the administration roughly two weeks away from the date set in the letter.

Their questions cover several issues that could have major implications for patients and state-licensed marijuana businesses, including federal taxation, health insurance, home cultivation, Drug Enforcement Administration (DEA) registration and enforcement.

Among the issues, lawmakers want to know whether marijuana grown by a registered medical patient or caregiver in accordance with state law is considered Schedule I or Schedule III under the new framework.

They also asked whether the Department of Justice plans to coordinate with the Centers for Medicare & Medicaid Services regarding possible Medicare coverage or reimbursement for Schedule III marijuana products, as well as whether other health insurance coverage could apply to marijuana treatments obtained through state medical programs.

For businesses operating in both medical and recreational markets, lawmakers are seeking clarification on how federal tax rules will apply. That includes whether companies with combined or dual licenses can receive relief from Section 280E of the Internal Revenue Code for their medical marijuana operations while continuing to sell recreational marijuana.

The letter also asks how DEA registration will affect the federal government’s enforcement posture toward businesses, healthcare providers, workers and patients, including what happens to state-licensed operators that do not register with the agency.

Lawmakers additionally want to know what information businesses will be required to submit to obtain and maintain DEA registration and what safeguards will prevent that information from being misused.

The questions stem from an April 23 Justice Department order placing Food and Drug Administration-approved marijuana products and marijuana products subject to qualifying state medical marijuana licenses in Schedule III of the Controlled Substances Act. Other marijuana, including recreational marijuana, remains in Schedule I while a separate proceeding considers broader rescheduling.

That proceeding is also awaiting a major development. Chief Administrative Law Judge Derek Julius has yet to issue his recommendation following the DEA’s rescheduling hearing, which concluded in July. In its post-hearing brief, the federal government argued that marijuana can no longer remain in Schedule I and urged that it be moved to Schedule III.

The September 30 responses, if they’re provided to lawmakers, could provide one of the clearest official explanations yet of how the administration intends its partial Schedule III framework to affect state marijuana programs, patients and businesses while the broader rescheduling process remains pending.