Marijuana Rescheduling - Housekeeping Items

Marijuana Rescheduling - Housekeeping Items

With the recent re-scheduling of Marijuana from a Schedule I to a Schedule III, there are a few housekeeping items that need to be completed to maintain compliance.

1. If you have any marijuana substances on-hand that converted to a Schedule III, an inventory must be completed as per 21 CFR 1304.11(d) Inventory date for newly controlled substances.  
2. The Final Action (Published Document: 2026-08176 (91 FR 22714)) was posted to the Federal Register on April 28, 2026 with an Effective Date of the same (April 28, 2026). Conduct your inventory As Soon As Possible and at least within 30 days by May 28, 2026.
3. Going forward marijuana must be captured in your Biennial inventories under Schedule III.
4. To be prudent, review your DEA Registrations to ensure your DEA Registrations which you use to handle marijuana, have Schedule III listed and for those registrations requiring Drug Codes, ensure the appropriate Drug Code for marijuana is listed as well.
5. NOW A SCHEDULE III - Drug Code: 7353 - Marijuana extract, as defined in 21 CFR 1308.11(d)(58), in a U.S. Food and Drug Administration approved product or subject to a state medical marijuana license.
6. NOW A SCHEDULE III - Drug Code: 7362 - Marijuana, as defined in 21 U.S.C. 802(16), in a U.S. Food and Drug Administration approved product or subject to a state medical marijuana license.
7. NOW A SCHEDULE III - Drug Code: 7386 - Naturally derived delta-9-tetrahydrocannabinols in a U.S. Food and Drug Administration approved product or in marijuana subject to a state medical marijuana license.
8. (i) Naturally derived delta-9-tetrahydrocannabinols means those delta-9-tetrahydrocannabinols, except as in paragraphs 21 CFR 1308.13(g)(2) and (3), that are naturally contained in a plant of the genus Cannabis (cannabis plant);
9. (ii) Naturally derived delta-9-tetrahydrocannabinols do not include any material, compound, mixture, or preparation that falls within the definition of hemp set forth in 7 U.S.C. 1639o;
10. (iii) Naturally derived delta-9-tetrahydrocannabinols do not include any delta-9-tetrahydrocannabinols contained in substances excluded from the definition of marijuana as set forth in 21 U.S.C 802(16)(B)(ii).
11. STILL A SCHEDULE I - Drug Code: 7350 - Marihuana Extract.
12. STILL A SCHEDULE I - Drug Code: 7360 - Marihuana; Cannabis.
13. STILL A SCHEDULE I - Drug Code: 7370 - Tetrahydrocannabinols; THC; Delta-8 THC; Delta-9 THC; dronabinol and others.
14. STILL A SCHEDULE II - Drug Code: 7365 - Dronabinol in an oral solution in a drug product approved for marketing by the U.S. Food and Drug Administration; Syndros.
15. STILL A SCHEDULE III - Drug Code: 7369 - Dronabinol (synthetic) in sesame oil in soft gelatin capsule as approved by FDA; Marinol; synthetic THC in sesame oil/soft gelatin as approved by FDA.

Drug Codes and their corresponding Schedules can be found here on DEA's Website.

Referenced Links:

1. 21 CFR 1304.11(d) Inventory date for newly controlled substances - https://www.ecfr.gov/current/title-21/part-1304/section-1304.11#p-1304.11(d)
2. Final Action (Published Document: 2026-08176 (91 FR 22714)) - https://www.federalregister.gov/d/2026-08176
3. 21 CFR 1308.11(d)(58), Drug Code: 7353 - Marijuana extract definition - https://www.ecfr.gov/current/title-21/part-1308/section-1308.11#p-1308.11(d)
4. 21 U.S.C. 802(16), Drug Code: 7362 - Marijuana definition - https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802&num=0&edition=prelim
5. 21 CFR 1308.13(g)(2) - Marijuana (7362) - https://www.ecfr.gov/current/title-21/part-1308/section-1308.13#p-1308.13(g)(2)
6. 21 CFR 1308.13(g)(3) - Marijuana extract (7353) - https://www.ecfr.gov/current/title-21/part-1308/section-1308.13#p-1308.13(g)(3)
7. 7 U.S.C. 1639o - Hemp definition - https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1639o&num=0&edition=prelim
8. 21 U.S.C 802(16)(B)(ii) - Hemp - https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802&num=0&edition=prelim
9. Drug Codes and Schedules on DEA's Website - https://www.deadiversion.usdoj.gov/schedules/orangebook/d_cs_drugcode.pdf

UPDATED 05/30/2026

Added to include all marijuana/cannabis:

1. Drug Code: 7386 - Naturally derived delta-9-tetrahydrocannabinols in a U.S. Food and Drug Administration approved product or in marijuana subject to a state medical marijuana license.
2. (i) Naturally derived delta-9-tetrahydrocannabinols means those delta-9-tetrahydrocannabinols, except as in paragraphs 21 CFR 1308.13(g)(2) and (3), that are naturally contained in a plant of the genus Cannabis (cannabis plant);
3. (ii) Naturally derived delta-9-tetrahydrocannabinols do not include any material, compound, mixture, or preparation that falls within the definition of hemp set forth in 7 U.S.C. 1639o;
4. (iii) Naturally derived delta-9-tetrahydrocannabinols do not include any delta-9-tetrahydrocannabinols contained in substances excluded from the definition of marijuana as set forth in 21 U.S.C 802(16)(B)(ii).
5. Drug Code: 7370 - Tetrahydrocannabinols; THC; Delta-8 THC; Delta-9 THC; dronabinol and others.
6. Drug Code: 7365 - Dronabinol in an oral solution in a drug product approved for marketing by the U.S. Food and Drug Administration; Syndros.
7. Drug Code: 7369 - Dronabinol (synthetic) in sesame oil in soft gelatin capsule as approved by FDA; Marinol; synthetic THC in sesame oil/soft gelatin as approved by FDA.
8. 21 CFR 1308.13(g)(2) - Marijuana (7362) - https://www.ecfr.gov/current/title-21/part-1308/section-1308.13#p-1308.13(g)(2)
9. 21 CFR 1308.13(g)(3) - Marijuana extract (7353) - https://www.ecfr.gov/current/title-21/part-1308/section-1308.13#p-1308.13(g)(3)
10. 7 U.S.C. 1639o - Hemp definition - https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1639o&num=0&edition=prelim
11. 21 U.S.C 802(16)(B)(ii) - Hemp - https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802&num=0&edition=prelim