Maia Pandey
In a major change to federal marijuana policy, President Donald Trump signed an executive order in December to classify marijuana as a less dangerous substance.
On Dec. 18, the president ordered the government to reclassify marijuana as a Schedule III drug. Since the Controlled Substances Act of 1970, marijuana has been classified as a Schedule I Drug, or drugs for which there are no accepted medical use and which have a high potential for abuse.
Other Schedule I Drugs include heroin, ecstasy and lysergic acid diethylamide (LSD), according to the U.S. Drug Enforcement Administration.
Though the order shifts a decades-long precedent in marijuana policy, it will not immediately impact marijuana laws in Wisconsin, where the drug remains illegal for recreational and medicinal use.
Here's what to know about the federal reclassification of marijuana and the latest on cannabis policy in Wisconsin:
What does Trump's executive order do?
Trump's order does not automatically reclassify marijuana as a Schedule III drug, but rather directs the Department to Justice to "take all necessary steps to complete the rulemaking process" for the reclassification.
In other words, Trump is ordering the government to expedite reclassifying the drug. The efforts to change marijuana's Schedule I designation began in 2022 under President Joe Biden's administration.
Trump's order also announced the administration would work with Congress to update the statutory definition of hemp-derived cannabinoid products in an effort to increase access to CBD products.
Is marijuana still illegal on a federal level?
Yes, marijuana is still illegal on a federal level.
However, the reclassification could lower tax burdens for marijuana firms, accelerate research on the drug and standardize drug development, USA TODAY reported. Companies making Schedule III drugs get a business-tax break that companies making Schedule I drugs do not.
Is marijuana legal in Wisconsin?
Recreational and medicinal marijuana use remain illegal in Wisconsin for all ages.
Efforts to legalize medicinal marijuana in Wisconsin have repeatedly failed. Meanwhile, 40 other states have legalized medicinal marijuana, and 24 states have also legalized marijuana for adult recreational use, according to the National Conference of State Legislatures.
Are hemp-derived THC products legal in Wisconsin?
Hemp-derived THC products are currently legal in Wisconsin, but that may change soon under new federal restrictions.
In 2018, a loophole in the federal Farm Bill legalized the sale of intoxicating hemp products nationwide, including in Wisconsin. Hemp-derived THC is technically different from marijuana-derived THC, but both are derived from the cannabis plant and have similar intoxicating effects.
However, in November 2025, Trump signed a federal funding bill with a provision that closes the Farm Bill loophole. The new restrictions are due to take effect one year after the bill's signing.
What is a Schedule 3 drug?
Schedule III drugs have a "moderate to low potential for physical and psychological dependence," and are essentially less dangerous than Schedule I and II drugs, per the Drug Enforcement Administration.
Other Schedule III drugs include ketamine, anabolic steroids, testosterone and products containing less than 90 milligrams of codeine per dosage unit, such as Tylenol with codeine.
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