Cannabis Import & Export Permit Counsel

State medical marijuana operators now face a more specific federal question than they did before. 

The question is no longer only whether marijuana remains controlled under federal law. It does. Nor is the question whether a state medical marijuana license, by itself, authorizes international shipment. It does not. 

The question is whether a particular operator, holding a particular state medical marijuana license, may lawfully seek federal authorization to import or export a particular marijuana product for a particular medical or scientific purpose. 

That analysis requires care. 

The Department of Justice and Drug Enforcement Administration’s April 2026 final rule places certain marijuana products in Schedule III, including FDA-approved drug products containing marijuana and marijuana subject to a state-issued license to manufacture, distribute, or dispense marijuana or marijuana-containing products for medical purposes. The same rule also adds those substances to the list of Schedule III non-narcotic controlled substances that may be imported or exported only pursuant to permit requirements.¹ 

Joseph A. Bondy, PLLC is available to advise state-licensed medical marijuana operators, investors, principals, and counterparties on federal import and export permit issues, DEA registration strategy, Schedule III compliance, state-license scope, transaction structure, and related enforcement risk. The Office approaches these questions as controlled-substance compliance issues with potential regulatory, commercial, and enforcement consequences.

Contact Joseph A. Bondy, PLLC to evaluate a proposed medical marijuana import or export transaction. 

The rule creates a pathway. It does not eliminate the gate. 

The April 2026 rule creates a federal distinction between covered medical marijuana activity and marijuana activity outside the rule. That distinction matters. It may affect registration, tax treatment, research, manufacturing, distribution, dispensing, and controlled-substance compliance. 

But the rule does not make marijuana an ordinary commercial good. It does not authorize unregistered activity. It does not convert adult-use inventory into federally authorized medical marijuana. It does not dispense with treaty obligations. And it does not allow cannabis products to cross international borders without federal authorization. 

DEA explained the point directly: because Article 31 of the Single Convention requires permits for importation and exportation of drugs listed in Schedule I of that Convention, DEA amended its regulations to ensure that FDA-approved marijuana drug products and state-licensed medical marijuana remain subject to import and export permit requirements.² 

That is the practical center of the issue. 

For qualifying medical operators, Schedule III may create a new federal position. But import and export activity remains permit-based, transaction-specific, and subject to scrutiny. 

Import/export permitting is a legal analysis before it is a filing 

DEA regulations identify the forms applicable to controlled-substance import and export activity, including DEA Form 357 for import permits, DEA Form 161 for export permits, DEA Form 161R for reexports, and DEA Form 236 for controlled-substance import/export declarations.³ The operator’s broader filing posture should be coordinated with its DEA application strategy.

Those forms matter. But they are not the starting point. 

Before a state medical marijuana operator submits, or prepares to submit, an import or export application, counsel should evaluate: 

• whether the product is marijuana, marijuana extract, or naturally derived delta-9-THC covered by the Schedule III rule; 
• whether the product is subject to a qualifying state medical marijuana license; 
• whether the operator’s state license authorizes the activity proposed; 
• whether the operator is properly registered with DEA, or eligible for registration, for the relevant activity; 
• whether the proposed movement is for medical, scientific, or another legally recognized purpose; 
• whether the foreign counterparty is authorized under the laws of the destination or source country; 
• whether a foreign import license, export license, or equivalent competent-authority document is available; 
• whether the transaction documents align with the permit theory; 
• whether the product description, quantity, packaging, labeling, testing, chain of custody, and recordkeeping are supportable; 
• whether the operator has addressed seizure, delay, refusal, return, cancellation, amendment, and reporting risk. 

A permit application should reflect a completed legal position. It should not be used to discover one. 

Import permit review 

Importation of covered medical marijuana products requires alignment among the product, the importer, the state license, DEA registration, foreign exporter, port of entry, quantity, purpose, and documentation. 

Under 21 C.F.R. § 1312.11, no person may import certain controlled substances, including non-narcotic Schedule III substances specifically designated by regulation, unless the person is properly registered or exempt and DEA has issued the required permit. DEA has now designated marijuana, marijuana extract, and naturally derived delta-9-THC in FDA-approved products or subject to a state medical marijuana license as Schedule III substances requiring import and export permits.⁴ 

Joseph A. Bondy, PLLC is available to assist clients with: 

• import eligibility review; 
• DEA Form 357 strategy; 
• DEA registration and coincident-activity analysis; 
• state medical marijuana license scope; 
• product classification; 
• foreign exporter diligence; 
• port-of-entry issues; 
• customs coordination; 
• required post-import reporting; 
• denied-release scenarios; 
• contract provisions addressing delay, denial, refusal, seizure, or return; 
• recordkeeping and internal compliance memoranda. 

DEA regulations require a separate permit or declaration for each shipment. They also require detailed product, quantity, port, carrier, consignor, and allotment information, and impose post-import reporting obligations.⁵ That makes the permit file more than a form. It is the record of authority for the shipment. 

Export permit review 

Exportation presents separate issues. A U.S. operator seeking to export covered medical marijuana must account for DEA authorization, the destination country’s law, the foreign consignee’s authority, treaty controls, product-specific documentation, and restrictions on reexport. 

DEA regulations require registered exporters seeking to export controlled substances to submit DEA Form 161. The application must include the exporter’s registration information, a detailed description of the controlled substance, the consignee, the foreign port and country of entry, the port of export, shipping information, and information concerning the foreign import license or permit.⁶ 

The exporter also must provide an affidavit addressing treaty-compliant labeling, medical or scientific use, non-reexport, and actual need in the destination country, unless a reexport pathway applies.⁷ DEA further requires foreign competent-authority documentation showing that the merchandise is consigned to an authorized permittee and is to be used for medical or scientific purposes.⁸ 

Joseph A. Bondy, PLLC is available to assist clients with: 

• export eligibility review; 
• DEA Form 161 strategy; 
• destination-country legality; 
• foreign import authorization; 
• consignee diligence; 
• medical or scientific use documentation; 
• product, quantity, and packaging descriptions; 
• port-of-export planning; 
• reexport limitations; 
• export permit amendment or cancellation issues; 
• post-export return reporting; 
• supply, distribution, research, and commercial agreements; 
• contractual allocation of regulatory, customs, payment, and seizure risk. 

Export strategy should be developed before the company commits to commercial terms, particularly where the proposed transaction may affect cannabis business disputes, enforcement exposure, or ownership-control issues. If the foreign authorization, product description, shipment mechanics, and contract do not match the permit theory, the transaction is not ready. 

DEA registration and state-license scope 

DEA registration is necessary, but not sufficient. The April 2026 rule establishes an expedited review process for entities holding state medical marijuana licenses that seek registration as marijuana manufacturers, distributors, or dispensers. The rule also provides that a DEA registration issued through that process may not exceed the scope of the state medical marijuana license, and that suspension, revocation, or expiration of the state license automatically suspends the DEA registration. That registration analysis should be coordinated with the Office’s broader guidance on DEA registration and DEA application preparation.

That has direct import/export consequences. 

A state licensee should not assume that every licensed medical marijuana activity supports every federal controlled substance activity. A cultivation license may not support export of finished manufactured products. A dispensing authorization may not support manufacturing or distribution activity. A vertically integrated operator may still need to identify which entity, facility, license, and registration are tied to the proposed shipment. 

For that reason, import/export analysis should be coordinated with DEA registration strategy from the beginning. 

Medical marijuana is not adult-use marijuana 

The April 2026 rule applies to marijuana in FDA-approved drug products and marijuana subject to a state medical marijuana license. It does not broadly reschedule all marijuana activity. 

DEA states that any form of marijuana other than an FDA-approved drug product or marijuana subject to a state medical marijuana license remains a Schedule I controlled substance, subject to the regulatory controls and administrative, civil, and criminal sanctions applicable to Schedule I substances.¹⁰ 

Operators participating in both medical and adult-use markets should therefore treat medical/adult-use separation as a central compliance issue. That may require attention to: 

• inventory segregation; 
• entity structure; 
• facility use; 
• state-license scope; 
• product tracking; 
• batch records; 
• testing records; 
• labeling; 
• revenue allocation; 
• employee access; 
• insurance and banking disclosures; 
• representations to investors and counterparties. 

The import/export file should make clear that the product, license, entity, facility, and transaction fall within the medical marijuana framework. 

Operators should also consider how Schedule III treatment may affect related tax, compliance, and business-planning issues addressed on the Office’s Schedule III and 280E page.

Transaction documents should match the permit theory 

A cross-border medical marijuana agreement should not be drafted as a standard supply contract with cannabis terminology inserted after the fact. 

The agreement should address the regulatory facts on which the permit strategy depends. Depending on the transaction, that may include: 

• responsibility for DEA filings; 
• responsibility for foreign competent-authority documents; 
• permit conditions; 
• state-license maintenance; 
• DEA registration maintenance; 
• product specifications; 
• testing and certificates of analysis; 
• packaging and labeling; 
• chain of custody; 
• customs responsibilities; 
• storage and security; 
• insurance; 
• payment timing; 
• force majeure and regulatory change; 
• seizure, refusal, rejection, or return of goods; 
• reexport restrictions; 
• audit rights; 
• termination upon permit denial, suspension, revocation, or material delay; 
• indemnity for license defects, diversion, mislabeling, or unauthorized transfer. 

The regulatory record and contract should tell the same story. If they do not, the operator has created avoidable risk. 

Matters suitable for review 

Joseph A. Bondy, PLLC is available to review and advise on matters including: 

• a state medical marijuana cultivator evaluating whether a proposed export may be legally supportable; 
• a manufacturer assessing whether its state license and DEA registration posture may support importation of cannabis-derived material; 
• a distributor considering medical marijuana export arrangements with a foreign consignee; 
• a dispensary or vertically integrated operator determining whether a proposed transaction may exceed its state-license scope; 
• a foreign medical cannabis company seeking to contract with a U.S. state medical marijuana licensee; 
• an investor conducting diligence on a portfolio company’s import/export representations; 
• a board evaluating Schedule III, DEA registration, and international medical marijuana opportunities; 
• a company preparing contractual language tied to DEA permit approval, foreign authorization, customs release, or product refusal; 
• an operator separating medical activity from adult-use activity before pursuing federal authorization. 

A disciplined review process 

A responsible review should proceed in stages. 

1. Identify the product 

The first question is what is moving. Flower, extract, finished product, naturally derived delta-9-THC, research material, reference material, or another cannabis-derived product may raise different questions. 

2. Identify the license 

The next question is what state medical marijuana license authorizes the activity. The license should be active, applicable, and sufficient for the proposed manufacturing, distribution, dispensing, import, or export-related conduct. 

3. Identify the registrant 

The federal registration posture should be matched to the activity. The relevant entity, address, activity, and controlled-substance authority should be clear. 

4. Identify the purpose 

The transaction should be grounded in a medical, scientific, or other legally recognized purpose. Commercial interest alone is not a complete federal theory. 

5. Identify the foreign authority 

For exports, the foreign consignee’s authority and the destination country’s authorization are central. For imports, the foreign exporter’s authority and the exporting country’s controls matter. 

6. Identify shipment mechanics 

The file should account for port, carrier, quantity, packaging, labeling, timing, customs, release, reporting, and recordkeeping. 

7. Identify transaction risk 

The contract should address what happens if DEA denies, delays, narrows, cancels, or amends the authorization; if customs refuses release; if a foreign authority changes position; or if the product cannot be delivered as planned. 

Common Questions 

Can state-licensed medical marijuana operators now import or export marijuana? 

Possibly, but only if the product, operator, license, registration, purpose, foreign authorization, and permit requirements align. The April 2026 rule creates a federal Schedule III category for covered medical marijuana products, but it also preserves import/export permit requirements. 

Does a state medical marijuana license authorize international shipment? 

No. A state medical marijuana license may be relevant to federal eligibility. It is not an import or export permit. 

Which DEA forms may be involved? 

Depending on the transaction, forms may include DEA Form 357 for import permits, DEA Form 161 for export permits, DEA Form 161R for reexports, and DEA Form 236 for controlled-substance import/export declarations.¹¹ 

Can adult-use cannabis be imported or exported under this rule? 

Operators should not assume so. The rule addresses FDA-approved marijuana drug products and marijuana subject to a state medical marijuana license. Marijuana outside those categories remains subject to Schedule I controls. 

Should an operator file first and address supporting documents later? 

No. The supporting legal and factual record should be developed before filing. DEA may require documents or written statements of fact relevant to whether an import or export application should be granted.¹² 

Counsel for Controlled-Substance Import and Export Decisions 

Medical marijuana import and export decisions should be made before public announcements, purchase orders, shipment planning, or investor representations. 

The legal review should determine whether the proposed transaction can be supported under the Controlled Substances Act, DEA regulations, the operator’s state medical marijuana license, foreign authorization, and the commercial documents. 

Joseph A. Bondy, PLLC is available to advise clients at that intersection: cannabis regulation, DEA registration, controlled-substance compliance, commercial risk, and enforcement exposure.

Contact Joseph A. Bondy, PLLC for a confidential consultation concerning cannabis import/export permit strategy. 

Endnotes 

1. Schedules of Controlled Substances: Rescheduling of Food and Drug Administration Approved Products Containing Marijuana From Schedule I to Schedule III; Corresponding Change to Permit Requirements, 91 Fed. Reg. 22,714, 22,715 (Apr. 28, 2026) (to be codified at 21 C.F.R. pts. 1300, 1301, 1308, 1312); U.S. Dep’t of Just., Drug Enf’t Admin., Schedules of Controlled Substances: Rescheduling of Food and Drug Administration Approved Products Containing Marijuana and Products Containing Marijuana Subject to a Qualifying State-Issued License From Schedule I to Schedule III; Corresponding Change to Permit Requirements 1–2 (final order). 
2. 91 Fed. Reg. at 22,717; see also Single Convention on Narcotic Drugs art. 31, Mar. 30, 1961, 18 U.S.T. 1407. 
3. 21 C.F.R. § 1312.03. 
4. 21 C.F.R. §§ 1312.11(a), 1312.30(b)–(d). 
5. 21 C.F.R. §§ 1312.11(c), 1312.12(b)–(e), 1312.13(b)–(e), 1312.14. 
6. 21 C.F.R. § 1312.22(a), (c)(1)(i)–(iv). 
7. 21 C.F.R. § 1312.22(c)(1)(v). 
8. 21 C.F.R. § 1312.22(d)(1). 
9. 91 Fed. Reg. at 22,722; 21 C.F.R. § 1301.13(k). 
10. 91 Fed. Reg. at 22,719. 
11. 21 C.F.R. § 1312.03. 
12. 21 C.F.R. §§ 1312.13(d), 1312.23(d).