Regulation
DEA Defers New Schedule III Marijuana Production Quotas for 2027
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The Drug Enforcement Administration’s 2027 production quota proposal, made public on November 9, 2026, and published on November 10, 2026, would hold Schedule I cannabis categories at their initial 2026 levels while deferring amounts for marijuana categories moved to Schedule III.
DEA is still registering the manufacturers and distributors that will handle the rescheduled substances. It is also assessing data sources and methodologies for estimating legitimate U.S. need and production requirements. A separate Federal Register notice will propose the three Schedule III cannabis quotas once those amounts are determined.
The four Schedule I cannabis entries, expressed in grams of anhydrous acid or base, match the initial quotas established on January 5, 2026:
| Basic class | Proposed 2027 quota (g) | Initial 2026 quota (g) |
|---|---|---|
| Marijuana | 6,675,000 | 6,675,000 |
| Marijuana extract | 1,000,000 | 1,000,000 |
| Delta-9-tetrahydrocannabinol | 1,523,040 | 1,523,040 |
| All other tetrahydrocannabinol | 1,166,130 | 1,166,130 |
These aggregate quotas are the total quantities of each basic class that all manufacturers may produce in a calendar year, not limits on pharmacy purchasing. The proposed amounts are intended to cover estimated U.S. medical, scientific, research and industrial needs, lawful exports, and reserve stocks. They do not include imports of controlled substances for use in industrial processes.
Rescheduling Split the Cannabis Categories
A final rule issued and effective on April 28, 2026, placed FDA-approved marijuana products and marijuana subject to state medical marijuana licenses in Schedule III. The change also covered corresponding marijuana extracts and naturally derived delta-9 THC in those FDA-approved or state-medical-licensed categories.
Other marijuana remains in Schedule I, including unlicensed bulk marijuana and marijuana or extract not yet incorporated into an FDA-approved product. Synthetically derived THC also remains in Schedule I, and the rule did not change hemp’s status.
The April rule created an expedited federal registration pathway for state medical marijuana licensees. It allowed applicants filing within 60 days of publication to manufacture, distribute or dispense medical marijuana in conformity with their state licenses while their federal reviews were pending.
The statutory aggregate-quota process covers Schedules I and II, but DEA is also applying Single Convention controls to the marijuana moved to Schedule III. Those controls require manufacturers and distributors to be licensed and licensed manufacturers to receive quotas intended to prevent excessive production and accumulation beyond legitimate needs.
Comments and Final Order
Electronic comments must be submitted by 11:59 p.m. Eastern Time on December 10, 2026, and paper comments must be postmarked on or before that date. The DEA Administrator may hold a public hearing on issues raised in the comments.
After considering comments or objections, and any hearing, the Administrator will issue a final order establishing the 2027 quotas. The Administrator may also adjust the quotas after considering the relevant factors.
The central unresolved question is how DEA will quantify legitimate production for FDA-approved products and state-licensed medical marijuana in Schedule III. Until that separate proposal arrives, the 2027 framework has proposed totals for Schedule I classes but no corresponding amounts for those new Schedule III categories.
