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DEA ALJ Hearing on Schedule 3
Waiting on the DEA Final Order - Fall, 2026
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The DEA is actively engaged in a formal process to reschedule marijuana from Schedule I to Schedule III, with hearings beginning June 29, 2026, and multiple regulatory actions already published, including final rules placing FDA‑approved marijuana products in Schedule III.
Overview of DEA Actions on Marijuana
The Drug Enforcement Administration (DEA) is currently involved in significant regulatory and administrative activity concerning marijuana’s legal status under the Controlled Substances Act (CSA).
1. Rescheduling Process and Hearings
- The Acting Attorney General issued a notice of proposed rulemaking (NPRM) to move marijuana from Schedule I to Schedule III. DEA.gov
- Formal hearings on this proposal are scheduled from June 29 to July 15, 2026, at DEA Headquarters in Arlington, VA. DEA.gov
- Selected participants include state agencies, medical professionals, and advocacy groups. usdoj.gov
2. Published Evidence and Concerns
- DEA’s 2025 National Drug Threat Assessment highlights rising THC potency and inaccurate product labeling in legalized states. Yahoo
- The agency also reports illicit cultivation, trafficking networks, and misuse of state licensing systems. Yahoo
3. Final Rules on FDA‑Approved Marijuana Products
- As of April 28, 2026, the DEA issued a final rule placing FDA‑approved marijuana‑containing drug products into Schedule III. Federal Register
- A similar final order effective April 22, 2026, applies to products under state medical marijuana licenses. United States Department of Justice
- These rules also establish expedited registration processes for licensed medical marijuana entities. Federal Register
4. Controversies and Criticism
- Reports indicate DEA attorneys downplayed or omitted their own scientists’ testimony during rescheduling proceedings. The Globe and Mail
- MMJ International Holdings alleges the DEA blocked its participation in hearings despite its FDA‑authorized cannabinoid research programs. The Globe and Mail
5. Regulatory Context
- The rescheduling effort aligns with the Department of Health and Human Services’ view that marijuana has accepted medical use and lower abuse potential than Schedule I substances. DEA.gov
- Actions also reflect U.S. obligations under the Single Convention on Narcotic Drugs (1961). United States Department of Justice
The DEA’s current stance reflects a major shift toward recognizing medical use while maintaining regulatory control consistent with federal and international requirements.




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