CIVIL PROTECTIONS, EQUAL TREATMENT & THE NEW CANNABIS LAWS
On April 28, 2026, the Department of Justice published a final order AG Order No. 6754-2026 placing FDA-approved marijuana products and marijuana products regulated by qualifying state medical cannabis licenses into Schedule III of the Controlled Substances Act. (DEA has also taken steps to expedite an ALJ hearing on the Notice of Proposed Rulemaking: Schedule III 2024-11137 (89 FR 44597) to address the rescheduling of cannabis more broadly.)
These actions were taken in response to President Trump’s December 18, 2025, Executive Order, “Increasing Medical Marijuana and Cannabidiol Research.” That order directed the Attorney General to take all necessary steps to complete the process of rescheduling marijuana to Schedule III of the Controlled Substances Act “in the most expeditious manner” consistent with federal law, including 21 U.S.C. § 811(d).
The Order recognizes state medical cannabis programs as part of the federal healthcare framework, noting that licensed medical professionals oversee patient qualification based on state-specific criteria and qualifying conditions. It confirms that state-authorized medical cannabis certifications or similar patient documents are to be treated as functionally equivalent to prescriptions. The order relies on this existing state infrastructure to promote medical benefits and avoid unnecessary disruption to patients and state systems.
For state-authorized patients, this means
- rights and protections under the Americans with Disabilities Act, the Fair Housing Act, and Section 504 of the Rehabilitation Act;
- protections against being denied housing, employment, healthcare, or reasonable accommodation solely because of patient status;
- protections for parents and caregivers; and
- protections for patients in federally subsidized housing, healthcare settings, federal workplaces, veterans’ care, and other federal systems.
To date, only the Treasury Department has issued a statement acknowledging AG Order No. 6754-2026.
Rather than placing the burden of proving their rights through expensive and overwhelming litigation on patients, we are asking the Trump Administration to address this issue immediately. Please sign the letter below to join us!
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