Is marijuana federally decriminalized?
No. Marijuana is not federally decriminalized. Under the Controlled Substances Act, marijuana remains federally controlled, and federal criminal prohibitions still apply unless and until Congress or the relevant federal agencies change the law.[5][6]
Why
1. Federal law still places marijuana in a controlled schedule
The Controlled Substances Act establishes five schedules and, as provided in 21 U.S.C. § 812, marijuana has historically been listed in Schedule I.[5] Schedule I substances are those with:
- a high potential for abuse,
- no currently accepted medical use in treatment in the United States, and
- a lack of accepted safety under medical supervision.[5]
2. Federal distribution/manufacture remains unlawful
21 U.S.C. § 841(a), makes it unlawful, except as authorized, to knowingly or intentionally manufacture, distribute, dispense, or possess with intent to manufacture, distribute, or dispense a controlled substance.[6] Because marijuana remains federally controlled, those prohibitions still matter at the federal level.[6]
3. Recent federal developments do not equal full decriminalization
Recent executive and DOJ actions indicate movement toward rescheduling, not blanket decriminalization. The White House described marijuana as still controlled under Schedule I in December 2025, while DOJ/DEA announced in April 2026 that certain FDA-approved marijuana products and state-licensed medical marijuana products were placed in Schedule III and that broader rescheduling proceedings were being expedited.[1][2][3] That is a significant policy shift, but it is not the same as removing federal criminal status entirely.[1][2][4]
In short: marijuana may be subject to evolving federal enforcement and rescheduling efforts, but it is not federally decriminalized.
Practical distinction
| Status | What it means |
|---|---|
| Decriminalized | No criminal penalties for the conduct, at least as a matter of the controlling law |
| Rescheduled | Still controlled, but placed in a different CSA schedule with different regulatory consequences |
| Legalized | Removed from criminal prohibition under the relevant law |
| Current federal status | Still controlled; federal prohibitions remain in place, though some rescheduling steps have occurred |
Bottom line
As of today, marijuana is not federally decriminalized; it remains subject to federal controlled-substance law, even though federal agencies have begun moving certain marijuana products toward Schedule III and broader rescheduling is underway.[1][2][4][5][6]