Could Medical Cannabis Finally Cross State Lines? Attorneys Break Down Schedule III’s Biggest Legal Question

The Trump administration’s April 23 order moving state-regulated medical cannabis to Schedule III marks the most consequential federal shift on marijuana policy in years. It also opens a wide set of legal questions about how the new framework will function in practice, including whether it creates a viable path for interstate commerce in medical cannabis. Until now, federal prohibition has kept state markets siloed, forcing operators to cultivate, manufacture, and sell entirely within state borders, regardless of efficiency or demand.

Dormant Commerce Clause Questions Come Into Focus

One of the key issues now emerging is the Dormant Commerce Clause, a constitutional doctrine that limits states from discriminating against out-of-state economic activity. For decades, cannabis has existed outside that doctrine because federal law barred interstate movement altogether. With medical cannabis now placed in Schedule III, the question becomes whether states can still block shipments from licensed operators in other jurisdictions once federal law no longer treats those products as contraband.

Attorneys See Opportunity, But With Major Caveats

To get a clearer sense of how the order may reshape the legal landscape, I spoke with two attorneys who have been closely following its rollout. Jonathan Robbins, chair of the cannabis practice at Akerman LLP, and Paula Savchenko, founding partner of Cannacore Group and PS Law Group, both see potential openings for interstate commerce but caution that major uncertainties remain.

Robbins emphasized that interstate movement will depend heavily on how the DEA and FDA implement the new system. The order requires state-licensed medical operators to register with the DEA, and Robbins believes that registration will be a central gatekeeper for any cross-border activity. 

“Once the DEA registration is completed and the FDA signs off on it, they should be able to do so,” he said, referring to operators engaging in interstate cannabis commerce.

At the same time, Robbins noted that rescheduling alone does not resolve the question of FDA approval. Schedule III substances can move in interstate commerce only if they are FDA-approved drugs, and it is not yet clear whether the order effectively treats all state-regulated medical cannabis as approved. 

“Just because something goes on Schedule III doesn’t mean that it’s FDA approved,” he said. “And that may be right. We don’t know what that approval process is going to look like, and until there’s actual formal approval and DEA registration, we’re not going to see interstate transport.”

Savchenko reads the order differently. She believes the rule’s structure signals that interstate commerce may be possible without full FDA drug approval for every product. 

“Yes, I think that we will see products be able to move through interstate commerce without FDA approval,” she said, pointing to the new DEA registration process as the likely mechanism for federal oversight.

She also expects states to take divergent approaches, especially those with vertically integrated medical systems or limited licensing frameworks. That sets up a potential clash between state-level restrictions and the Dormant Commerce Clause. 

“It is a very clear Dormant Commerce Clause violation because you’re now favoring in-state products and in-state operators over out-of-state,” she said of the possibility that some states may bar imports from others. But she also noted that states can argue they are acting to protect public health, and there is little case law to predict how courts will weigh those competing interests.

What Comes Next For Interstate Movement

Both attorneys expect the next phase of rulemaking to clarify some of these questions, particularly the June 29 hearing that will shape how DEA registration expands to cultivators and manufacturers. For now, the industry is left with a mix of opportunity and uncertainty. The federal government has taken its first meaningful step toward normalizing medical cannabis, but the path to interstate commerce will depend on how regulators, courts, and state governments respond in the months ahead.