Weed: Federal Status (2026)

Instrument

Federal definition of marijuana with hemp exclusion; Schedule I listings of marihuana and marihuana extract; Schedule III listing for FDA-approved and state medical license marijuana; medical marijuana registration types

Source

https://www.ecfr.gov/api/versioner/v1/full/2026-11-04/title-21.xml?part=1308&section=1308.11

Retrieved

2026-11-07

Fingerprint

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21 U.S.C. 802(16), Definitions: marihuana and marijuana (OLRC release point 119–138, U.S. Code current through Pub. L. 119–138, 2026-11-03)
(16) (A)  Subject to subparagraph (B), the terms "marihuana" and "marijuana" mean all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin.
(B)  The terms "marihuana" and "marijuana" do not include⁠—
(i)  hemp, as defined in section 1639o of title 7; or
(ii)  the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.

21 CFR 1308.11(d), Schedule I, hallucinogenic substances, introductory text (eCFR, up to date as of 2026-11-04)
Hallucinogenic substances.
Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this paragraph only, the term "isomer" includes the optical, position and geometric isomers):

21 CFR 1308.11(d)(23), Schedule I: Marihuana, drug code 7360 (eCFR, up to date as of 2026-11-04)
(23) Marihuana
7360

21 CFR 1308.11(d)(58), Schedule I: Marihuana Extract, drug code 7350 (eCFR, up to date as of 2026-11-04)
(58) Marihuana Extract
7350
Meaning an extract containing one or more cannabinoids that has been derived from any plant of the genus Cannabis, containing greater than 0.3% delta-9-tetrahydrocannabinol on a dry weight basis, other than the separated resin (whether crude or purified) obtained from the plant.

21 CFR 1308.13(g)(2) through (g)(4), Schedule III: marijuana, marijuana extract and naturally derived delta-9-THC in an FDA-approved product or subject to a state medical marijuana license (added by 91 FR 22714, effective 2026-04-28; eCFR, up to date as of 2026-11-04)
(2) Marijuana, as defined in 21 U.S.C. 802(16), in a U.S. Food and Drug Administration approved product or subject to a state medical marijuana license—XXXX
(3) Marijuana extract, as defined in 21 CFR 1308.11(d)(58), in a U.S. Food and Drug Administration approved product or subject to a state medical marijuana license—XXXX
(4) Naturally derived delta-9-tetrahydrocannabinols in a U.S. Food and Drug Administration approved product or in marijuana subject to a state medical marijuana license—XXXX
(i) Naturally derived delta-9-tetrahydrocannabinols means those delta-9-tetrahydrocannabinols, except as in paragraphs (g)(2) and (3) of this section, that are naturally contained in a plant of the genus Cannabis (cannabis plant).
(ii) Naturally derived delta-9-tetrahydrocannabinols do not include any material, compound, mixture, or preparation that falls within the definition of hemp set forth in 7 U.S.C. 1639o.
(iii) Naturally derived delta-9-tetrahydrocannabinols do not include any delta-9-tetrahydrocannabinols contained in substances excluded from the definition of marijuana as set forth in 21 U.S.C. 802(16)(B)(ii).

21 CFR 1301.13(k)(1), Medical marijuana registrations: types of registrations (added by 91 FR 22714, effective 2026-04-28; eCFR, up to date as of 2026-11-04)
(1)
Types of registrations.
(i) A registered marijuana manufacturer may cultivate, produce, process, package, label, and transfer marijuana and products containing marijuana to registered distributors or other registered manufacturers, subject to the limitations of its state license.
(ii) A registered distributor may receive marijuana and products containing marijuana from registered manufacturers and transfer marijuana and products containing marijuana to registered dispensers or other registered distributors, subject to the limitations of its state license.
(iii) A registered dispenser may dispense marijuana and products containing marijuana to individuals authorized by state law to possess marijuana and products containing marijuana for medical purposes, subject to the limitations of its state license.
(iv) Registrations under this subpart do not authorize the manufacture, distribution, dispensing, or use of marijuana or products containing marijuana for non-medical purposes.
(v) A single entity may be granted multiple types of registrations.