From Type I to Type III Marijuana

On April 23, 2026, the federal government issued an Order to reclassify medical marijuana from a Schedule I controlled substance to a Schedule III. Five days later, on April 28, 2026, the document became a “Final Rule” and was published in the Federal Register, the registry where all federal government regulations are published.

The document establishes a 60-day period for an expedited registration process for operators of state-licensed medical marijuana dispensaries, which began from the date of its publication. In both Puerto Rico and the United States, there was very little information available, and many people were unaware of the changes in federal regulations.

As expected, the news sparked numerous comments on social media, in the press, and in a well-known industry magazine in Puerto Rico. The magazine even published an opinion piece referencing the words "May register," as if these words were taken verbatim from the document published by the federal government. However, the words "May register" do not appear anywhere in the published document.

What is clear verbatim, that is, literally, from the federal document is the following:

“ To facilitate a prompt transition, the Administrator is directed to process applications submitted with 60 days of publication within 6 months, and early applicants may legally operate under their state issued license during the pendency of review .”

When reading the Rule issued by the federal government, we must ask ourselves what the document does not say; that is, although it indicates that if you register you can continue to operate “ lawfully ”, it does not say what it means to operate “unlawfully” under federal regulations.

The aforementioned Order added the following text to the Code of Federal Regulations:

(7) " Expedition. The Administrator shall make every effort to process all applications submitted within 60 days of the publication of this regulation in the Federal Register within six months. Not with standing paragraph (a) of this section, any applicant that submits an application within 60 days of the publication of this rule in the Federal Register may engage in the manufacture, distribution, and/or dispensing of marijuana or products containing marijuana for medical purposes in conformity with a state-issued license during the pendency of the application ." 21 CFR 1301(k)(7).

Translating the last sentence of paragraph (k)(7) above verbatim, it indicates the following: any applicant who files an application within 60 days of the publication of this rule in the Federal Register may participate in the manufacture, distribution and/or dispensing of marijuana or products containing marijuana for medicinal purposes pursuant to a license issued by the state during the processing of the application.

Upon examining paragraph (a) of title 21 of section 1301 of the CFR, it reads as follows:

(a) Any person who is required to be registered and who is not so registered may apply for registration at any time. No person required to be registered shall engage in any activity for which registration is required until the application for registration is granted and a Certificate of Registration is issued by the Administrator to such person . 21 CFR 1301(a).

A simple translation of the first sentence of paragraph (a) above indicates that you can register at any time. However, the second sentence states that no person required to register may participate in registration-requiring activities until the Administrator, meaning the DEA, has issued a Registration Certificate.

What implications will this change in federal public policy have? That remains to be seen. It is up to all of us to educate ourselves with accurate information, stay informed about changes in federal public policy, and pay attention to official announcements from the Office of Medicinal Cannabis. In its latest statement, Circular Letter 2026-003 , the state government established that “at this stage, the registration process is not mandatory,” and urged the industry to remain attentive to official communications.

No one has a crystal ball to predict the future and know how President Donald Trump's administration will handle the reclassification of medical cannabis to Schedule III. But we don't want to be caught off guard, like we were with the immigration raids in Puerto Rico. I remember as if it were yesterday hearing many people say that ICE wouldn't be deployed in Puerto Rico, and we all know what happened a couple of weeks later.

What we all need to do is educate ourselves properly, avoiding getting carried away by the "hype" of "likes" that only last in a headline.

Mr. Gabriel Sifre

Consultant

@unamoñasinpelo