Marijuana Rescheduling Regulatory Actions
Marijuana Rescheduling Regulatory Actions
Marijuana Rescheduling Regulatory Actions
DEA Announces Interested Parties for Upcoming Marijuana Rescheduling Hearing
On April 28, 2026, the Acting Attorney General issued a notice of hearing on the notice of proposed rulemaking (NPRM) to transfer marijuana from schedule I to schedule III of the Controlled Substances Act. See Schedules of Controlled Substances: Rescheduling of Marijuana, 89 FR 44597 (May 21, 2024); Schedules of Controlled Substances: Rescheduling of Marijuana, 91 FR 22777 (Apr. 28, 2026) (Notice of Hearing). The notice of hearing provided that every interested person, defined in 21 CFR 13011.01(b), who wishes to participate in the hearing shall file a written notice of intention to participate in conformity with the requirements of 21 CFR 1308.44(b) and in the form prescribed in 21 CFR 1316.48. The Administrator has completed his assessment of the notices of intent to participate that were timely submitted, and has selected the following interested persons to participate in the hearing:
- National Drug & Alcohol Screening Association
- Tennessee Bureau of Investigation
- Smart Approaches to Marijuana
- The States of Nebraska, Idaho, Indiana, and Louisiana
- DUID Victim Voices
- Kenneth Finn, MD
- Phillip A. Drum, PharmD
The hearing on the NPRM is scheduled to commence on June 29, 2026, at 9:00 a.m. ET at the DEA Hearing Facility, 700 Army Navy Drive, Arlington, VA 22202. The hearing will be conducted pursuant to the provisions of 5 U.S.C. 556 and 557, and 21 CFR 1308.41-1308.45, and 1316.41-1316.68. As set forth in the Notice of Hearing, the hearing will conclude not later than July 15, 2026. The hearing may be moved to a different place and may be continued from day-to-day or recessed to a later date without notice other than announcement thereof by the Administrative Law Judge at the hearing pursuant to 21 CFR 1316.53. Further information regarding the hearing will be provided by the Administrative Law Judge designated to preside over the hearing and will be posted to DEA.gov.
Medical Marijuana Dispensary Registration Portal
Following President Trump’s Executive Order directing the Office of the Attorney General to expedite the process of rescheduling medical marijuana to Schedule III of the Controlled Substances Act (CSA), the U.S. Department of Justice has published the following regulatory actions in the Federal Register:
- A final rule placing both FDA-approved medical products containing marijuana and medical marijuana products regulated by a state medical marijuana license in Schedule III of the CSA.
- A proposed rule withdrawing the prior administrative hearing process.
- A new notice of hearing, reinstating the formal evidentiary process required under the CSA.
The process is being carried out through the formal rulemaking process, which includes public input, administrative review, and potential hearings.