When it comes to marijuana, state and federal laws are inconsistent. Marijuana laws are different in each state, and the drug has always been illegal under federal law, which is surprising to many users. In fact, it is classified as a Schedule I controlled substance, which is the most serious classification. A Schedule I drug has a high chance of being abused or causing addiction and has no FDA-approved medical use in the United States.
Schedule I controlled substances are tightly regulated by the federal government. Essentially, marijuana is in the same category as heroin, ecstasy, and LSD. This may seem ridiculous, but will this ever change? Under the Biden Administration, the Department of Justice began the process of rescheduling cannabis to Schedule III. In December 2025, President Trump issued an executive order to expedite the rescheduling process towards Schedule III.
But rescheduling the drug will not make it federally legal. Moving it to Schedule III would significantly change marijuana’s legal landscape, especially concerning research and taxation. It would acknowledge some medical utility and reduce federal restrictions.
The executive order opens the door for the eventual prescription use of marijuana and focuses on the potential medicinal benefits of marijuana. However, it would not fully legalize cannabis. It also would not require employers to allow workers to use marijuana for medical or recreational use, which seems to be a hot topic for companies across the United States. Marijuana remains unacceptable for employees subject to drug testing under the Department of Transportation’s drug testing regulations.
If marijuana is reclassified, it would become a Schedule III drug. These drugs are classified as having a potential for abuse less than Schedules I and II substances. They are also currently accepted for medical use in treatment in the United States, which opens the door for more cannabis research.
Schedule III drugs have a potential for moderate or low physical dependence. They include medications such as codeine, ketamine, and some opioids, all of which are available only by prescription. Schedule I drugs are not considered legal or safe for medical use.
For now, state laws related to cannabis use and purchase are not impacted. If federal rescheduling does occur, it may impact the enforceability of state laws, but currently, state law bans or restrictions remain valid. Similarly, state law protections for medical marijuana users are not impacted.
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The legalization status of cannabis can be confusing, but it is still illegal under federal law. This may change at some point, but for now, adults 21 and over in New Jersey can still legally possess and use cannabis.
Need a cannabis fix? Want to score the best bud at the best price? The knowledgeable team at City Leaves can help you understand cannabis laws so you can stay out of trouble and enjoy cannabis responsibly. Interested in learning more about the products we offer? Stop by our Egg Harbor store today or give us a call at (609) 288-8574.
Will Marijuana Still Be Illegal Federally FAQs
Is marijuana still illegal under federal law in the United States?
A. Yes — as of now, marijuana remains a controlled substance under the federal Controlled Substances Act. It is listed as a Schedule I drug, meaning its production, distribution, and possession remain illegal under federal law even though many states have legalized medical or recreational cannabis. [21 U.S.C. § 812; discussed under the Controlled Substances Act provisions].
What federal actions have been taken recently regarding marijuana’s legal status?
A. In December 2025, a federal executive order directed agencies to move marijuana from Schedule I to Schedule III, recognizing its medical use and reducing regulatory hurdles, but this action does not legalize marijuana nationwide, and it remains federally illegal absent further legislative action.
Could marijuana become federally legal in the future?
A. It’s possible but not certain. Bills like the Ending Federal Marijuana Prohibition Act and legal challenges to federal law argue for descheduling marijuana entirely. Still, actual federal legalization would require action by Congress or a change at the Supreme Court level. Meanwhile, rescheduling efforts continue through federal agencies.