Proposed Rule

§ 1307.32 Homegrown Cannabis for Medical Use.
The listing of marijuana as a controlled substance in Schedule I does not apply to the cultivation of marijuana for personal medical use pursuant to a state medical marijuana law, and such persons cultivating marijuana for their own personal medical use are exempt from registration.  Any person who commercially manufactures marijuana for or commercially distributes marijuana to persons enrolled in a state medical marijuana program, is required to obtain registration and to comply with all other requirements of 21 C.F.R. § 1301.13(k).

Grounds for Issuance

A new rule based on 21 U.S.C. §§ 811(a), 811(b), and 811(d), 21 C.F.R. § 1301.13(k), authorizes commercial cultivation and distribution of marijuana for medical use by state-authorized entities and exempts personal medical use from registration requirements, but does not protect personal cultivation of medical marijuana in the 24 states that currently authorize homegrown for medical use.

Congress has been suspending federal criminal enforcement against state medical marijuana laws, including homegrown in these 24 states in annual budget appropriations for the U.S. Department of Justice for the past eleven years.^[1]

This proposed rule fills the gap in 21 C.F.R. § 1301.13(k) providing complete protection of state medical marijuana laws consistent with the new classification of marijuana in Schedule 3, the intent of Congress, 21 U.S.C. § 822(d), 21 U.S.C. § 903, and Article 36, Section 2 of the Single Convention.

• ^[1] Consolidated and Further Continuing Appropriations Act, 2015, Pub. L. No. 113-235, § 538, 128 Stat. 2130, 2217 (2014); Consolidated Appropriations Act, 2016, Pub. L. No. 114-113, § 542, 129 Stat. 2242, 2332-33 (2015); Consolidated Appropriations Act, 2017, Pub. L. No. 115-31, § 537, 131 Stat. 135, 228 (2017); Consolidated Appropriations Act, 2018, Pub. L. No. 115-141, § 538, 132 Stat. 348, 444-45 (2018); Consolidated Appropriations Act, 2019, Pub. L. No. 116-6, § 537, 133 Stat. 13, 138 (2019); Consolidated Appropriations Act, 2020, Pub. L. No. 116-93, § 531, 133 Stat. 2317, 2431 (2019); Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, § 531, 134 Stat. 1182, 1282-83 (2020); Consolidated Appropriations Act, 2022, Pub. L. No. 117-103, § 531, 136 Stat. 49, 150-51 (2022); Consolidated Appropriations Act, 2023, Pub. L. No. 117-328, § 531, 136 Stat. 4459, 4561 (2022); Consolidated Appropriations Act, 2024, Pub. L. No. 118-42, § 531, 138 Stat. 25, 174 (2024); Commerce, Justice, Science; Energy and Water Development; and Interior and Environment Appropriations Act, 2026, Pub. L. No. 119-74, § 531, 140 Stat. 5, 57 (2026).