Cannabis Policy Landscape 2024–2026 — Rescheduling & Reform
Federal cannabis policy is moving — but slowly, unevenly, and with frequent reversals. This page tracks the status of DEA rescheduling, Executive Order 14370, the Veterans Equal Access Act, and related federal actions as of April 2026. We update this page as policy evolves.
Where Things Stand, April 2026
Marijuana remains Schedule I federally. Trump's December 2025 Executive Order 14370 directs the AG to complete rescheduling "expeditiously," but rulemaking has not been finalized. The Veterans Equal Access Act has passed both chambers multiple times but has been stripped in conference every time. VHA Directive 1315 remains in force.
DEA Rescheduling: Status Timeline
- August 2023: HHS recommends Schedule III reclassification to the DEA
- May 2024: DOJ/DEA issues proposed rule to reschedule marijuana from Schedule I to Schedule III. Approximately 43,000 public comments submitted, with over 90% supporting rescheduling or descheduling.
- January 2025: Administrative hearings stayed due to allegations of DEA bias
- December 18, 2025: President Trump signs Executive Order 14370, "Increasing Medical Marijuana and Cannabidiol Research," directing the Attorney General to complete rescheduling "in the most expeditious manner"
- April 2026: Marijuana remains Schedule I. Rulemaking has not been finalized.
What Executive Order 14370 Actually Does
EO 14370 is a directive to the Attorney General and federal agencies to accelerate existing rescheduling processes. It does not itself reschedule marijuana — that requires DEA administrative rulemaking, which must go through public comment and judicial review. The EO does signal a major shift in federal executive posture, and it instructs federal agencies to treat cannabis research priorities as aligned with federal interests. But until the DEA publishes a final rule, marijuana remains Schedule I and all existing prohibitions apply.
What Would and Would Not Change Under Schedule III
Would change:
- Section 280E tax restrictions on cannabis businesses would be removed (businesses could deduct ordinary business expenses)
- Research friction would ease — Schedule III substances face fewer DEA approvals for clinical research
- First federal acknowledgment of cannabis having accepted medical use
- Some federal employment consequences would theoretically ease, though this depends on agency-level policy updates
Would not change:
- VA providers still could not recommend plant cannabis (not FDA-approved for any indication)
- Medical cannabis purchases at dispensaries would still not be covered by VA/TRICARE
- State medical cannabis program administration
- UCMJ Article 112a (cannabis remains prohibited under the UCMJ regardless of federal schedule)
- DOT safety-sensitive positions (DOT confirmed in its post-EO notice that cannabis remains prohibited for DOT-covered employees)
- Security clearances (state legalization has never changed clearance rules; neither would rescheduling)
The Veterans Equal Access Act — Decade-Long Journey
The Veterans Equal Access Act would authorize VA providers to recommend cannabis and complete state program forms in legal states. It has been introduced in every Congress since 2015 and has passed both chambers multiple times as MilCon-VA appropriations amendments. The most recent House passage was June 25, 2025 (218–206). But the provision has been stripped during conference negotiations every time. As of April 2026, it has not been enacted into law. Full legislative history.
Medical Marijuana and Cannabidiol Research Expansion Act
Signed into law December 2022, the Research Expansion Act remains the first and only standalone federal cannabis reform ever enacted. It streamlined the registration process for researchers studying marijuana and CBD, required HHS to produce a report on the therapeutic potential of cannabis, and created pathways for expanded manufacturing of research cannabis beyond the long-standing NIDA monopoly at the University of Mississippi. Read the full analysis.
SAFE Banking Act
The SAFE Banking Act would create safe harbor for financial institutions serving cannabis businesses. It has passed the House multiple times but has never been enacted into law. It is particularly relevant to veteran-owned cannabis businesses, which currently cannot access SBA loans, VA small business loans, or standard banking services. More on SAFE Banking.
DOT Post-Rescheduling Notice
Following Trump's December 2025 EO, the Department of Transportation issued a notice confirming: "Marijuana is still a Schedule I drug under the CSA until any rescheduling is complete. It remains unacceptable for any safety-sensitive employee subject to drug testing." This applies to FAA, FMCSA, FRA, FTA, PHMSA, and USCG-covered positions. Rescheduling would not automatically change this — DOT would need to issue new guidance. Safety-sensitive positions.
What This Means for Veterans Right Now
- VHA Directive 1315 remains in force. Nothing about your VA care changes until rulemaking is finalized and VA issues new guidance.
- Federal employment rules remain in force. If you hold a clearance or work in a safety-sensitive position, nothing about your job has changed.
- State programs continue to be the practical pathway. For veterans seeking legal access, state medical cannabis programs (and recreational programs where available) remain the only legitimate option.
- Watch Congressional appropriations. The Veterans Equal Access Act's best path to becoming law remains the annual MilCon-VA appropriations cycle.