On April 23, 2026, the U.S. Department of Justice ("DOJ") and Drug Enforcement Administration ("DEA") issued a final order ("Final Order") reclassifying certain marijuana-related products from Schedule 1 to Schedule 3 under the federal Controlled Substances Act ("CSA"), effective April 28, 2026.
The Michigan State Medical Society (MSMS) Legal Counsel addresses frequently asked questions regarding the Final Order and its impact on a physician's ability to prescribe marijuana-related products to Michigan patients.
1. Which marijuana-related products are affected by the Final Order?
Presently, the marijuana products that have been reclassified under the Final Order are limited to (1) FDA‑approved drug products containing marijuana, and (2) marijuana that requires a state‑issued license to manufacture, distribute, and/or dispense marijuana for medical purposes only. These products were previously classified as Schedule I controlled substances, but have been reclassified as Schedule III controlled substances under the Final Order.
The DEA will hold an administrative hearing beginning June 29, 2026, to evaluate broader changes to marijuana’s status under federal law. However, as of the date of this publication, no additional products have been reclassified beyond those stated above. Marijuana products that do not meet the above criteria have not been reclassified and remain schedule 1 controlled substances subject to prescribing limitations under federal and state law.
2. Does the Final Order reclassify marijuana under Michigan law?
Not necessarily. Michigan law generally follows federal law regarding the scheduling of controlled substances, with certain exceptions. For example, notwithstanding federal law, Michigan law presently schedules marijuana and pharmaceutical-grade cannabis as a schedule 2 controlled substance, but only if the substances meet certain requirements under the Michigan Medical Marihuana Act and Michigan Regulation and Taxation of Marihuana Act, and are prescribed for the purpose of treating a debilitating medical condition consistent with Michigan law. In addition, when a controlled substance is designated, reclassified, or deleted as a controlled substance under federal law, reclassification under Michigan law is not automatic. Instead, the Michigan Board of Pharmacy has 91 days from the date it receives notice of the schedule change to determine whether the substance should be similarly controlled under Michigan law. Physicians should continue to monitor for updates in guidance on the classification or reclassification of marijuana under Michigan law.
3. Can Michigan physicians prescribe marijuana to patients under the Final Order?
Controlled substances are regulated under both federal and state law. Accordingly, Michigan physicians must generally comply with both federal and state law when prescribing controlled substances, including marijuana, to patients.
Because reclassification is not automatic under Michigan law, Michigan physicians should not prescribe marijuana or marijuana-containing drug products beyond what is currently permitted under the Michigan Medical Marihuana Act. Instead, physician should continue complying with all applicable Michigan certification requirements, professional standards, processes and documentation obligations under the Act until further guidance is provided by the Michigan Board of Pharmacy regarding any changes to the scheduling or prescribing of marijuana and marijuana-containing products.
4. How does the Final Order impact the medical use of cannabis products under the Michigan law?
Presently, the Final Order does not change existing Michigan law regarding the prescribing of medical marijuana under the Michigan Medical Marihuana Act. Physicians should continue to follow Michigan law, including the Michigan Medical Marihuana Act. until further guidance is provided by the Michigan Board of Pharmacy.
5. How does the Final Order impact reimbursement for the medical use of marijuana products?
The Final Order does not directly impact health plan reimbursement for medical marijuana products. Physicians should continue to monitor for alerts or other guidance from health plans regarding any changes in reimbursement policies in light of the Final Order and any corresponding changes to Michigan law.
6. What else should I know about the Final Order?
Physicians should continue to monitor for updates on changes to the controlled substance classification of marijuana products under federal and Michigan law, including any potential expansion of rescheduled products following the DEA administrative hearing, and any guidance provided by the Michigan Board of Pharmacy in response to the same. Physicians that utilize e-prescribing software should work with software vendor to confirm any changes to the software's recognition of approved prescription products and compliance with applicable refill, security, and reporting requirements.
Finally, the Final Order does not alter or impact a physician's obligation to follow Michigan and federal requirements when prescribing controlled substances, including the monitor of potential abuse and diversion.
Michigan physicians are encouraged to contact Stacey P. Hettiger at shettiger@msms.org or 517-336-5766 or consult a qualified health care attorney for practice‑specific compliance questions and up‑to‑date guidance.