As of two weeks ago, marijuana belonged to the same controlled-substance classification as heroin and LSD.
But on April 23, the U.S. Department of Justice reclassified medicinal and FDA-approved cannabis from Schedule I to Schedule III, the group that also includes lower-risk, less-abused drugs such as ketamine and steroids.
What does this mean for Nevada’s commercial marijuana industry? That part remains unclear, at least in the short term.
The move follows a December 2025 executive order from President Trump, now setting the stage for a June 29 administrative hearing on what the DOJ and the Drug Enforcement Agency are calling a potential “broader rescheduling” of cannabis.
Which means that, currently, all marijuana remains illegal under federal law — cannabis still can’t cross state lines — and recreational, or adult-use, marijuana remains classified as a Schedule I drug.
Marijuana was never meant to be a Schedule I drug, said director of the UNLV Cannabis Policy Institute and vice-chair of the Nevada Cannabis Compliance Board Riana Durrett. Cannabis advocates have waited a long time for rescheduling for many reasons, including research.
“There are brilliant scientists all around the world showing that it has significant medical benefits, and that's really been embraced by this administration in the executive order,” Durrett said.
The reclassification expands the opportunity for medical research; educators and scientists can now obtain cannabis without penalty from medical-licensed dispensaries.
“Everyone supports medical cannabis research, right?” said Durrett. “The current president, the past president, both political parties [all] support it, scientists support it — even people who are against legalization support it.”
The rescheduling also allows for medicinal marijuana retailers to claim tax deductions on expenses without penalty.
In Nevada, marijuana business owners are issued dual medicinal/recreational licenses. The DOJ statement does not clarify policy for dual licenses. The CCB issued their own statement , indicating that it would continue to “operate under current state law.” The current state laws classify all marijuana as Schedule I.
Immediately after the DOJ handed down its rescheduling announcement, the Cannabis Policy Institute sent out comments from Durrett that suggested the “broader rescheduling” could very well mean recreational marijuana potentially being reclassified as Schedule III.
“What also remains to be seen is how recreational cannabis will be treated, which may become more clear at the June administrative hearing, and whether it will be treated like alcohol — given that the U.S. is a nation that does allow its citizens to access intoxicating substances and, in some contexts, embraces this access,” Durrett wrote. “While the administration is currently focusing on medical marijuana access and research, it is still appropriate to consider nationwide legalization of adult-use cannabis using a similar approach to alcohol.”
Guest: Riana Durrett director, UNLV Cannabis Policy Institute
