# DEA advances cannabis rescheduling to Schedule III

> Live situation record from CLSTR: https://clstr.news/situations/us-medical-marijuana-federal-reclassification
> Updated: 2026-08-21T00:03:48.000Z. Sources: 31. Developments: 20.

The DEA’s administrative process to reschedule cannabis continues following the conclusion of evidentiary hearings held between June 29 and July 15. On August 17, 2026, the DEA formally requested that an administrative judge recommend moving cannabis from Schedule I to Schedule III, arguing it no longer meets Schedule I criteria because it has a “currently accepted medical use in the United States and demonstrated safety under medical supervision.” The agency noted that over 30,000 practitioners are currently treating more than six million patients across 43 jurisdictions.

In response to the rescheduling process, a bipartisan group of House lawmakers—including Representatives Dina Titus, David Joyce, Ilhan Omar, and Greg Steube—petitioned the administration for clarity. In an August 18 letter, they requested guidance on how the Schedule III framework will impact patients, businesses, taxes, and healthcare coverage, specifically citing concerns regarding worker protections, privacy safeguards, home cultivation, and coordination with the Centers for Medicare & Medicaid Services regarding reimbursement.

Legal and administrative developments persist. While the DEA moves forward, the proposal faces opposition from groups such as Smart Approaches to Marijuana and the states of Idaho, Indiana, and Nebraska. Additionally, DEA chief administrative law judge Derek C. Julius has ordered corrections to the official hearing transcript to address mistranscribed statements and technical terminology; an updated version is expected by August 26.

Legislative efforts, such as the Cannabis Administration and Opportunity Act, and various legal challenges regarding the Administrative Procedure Act remain part of the broader landscape surrounding federal cannabis reclassification.

## Timeline

### 2026-08-21: DEA advances marijuana rescheduling process amid transcript corrections

The DEA is pursuing the rescheduling of marijuana to Schedule III, arguing it has accepted medical use, despite opposition from several states and advocacy groups.

2 sources. https://clstr.news/cluster/dea-advances-marijuana-rescheduling-process-amid-transcript-corrections

### 2026-08-18: DEA seeks to move cannabis to Schedule III

The DEA has requested moving cannabis to Schedule III, prompting bipartisan House lawmakers to seek federal clarity on how the rescheduling will affect patients, businesses, and healthcare coverage.

4 sources. https://clstr.news/cluster/dea-seeks-to-move-cannabis-to-schedule-iii

### 2026-08-05: US Federal Cannabis Reform Gains Momentum as Industry Stocks Surge

US Democrats say Congress can pass federal cannabis legalization as prosecutions fall, while top US and Canadian cannabis stocks like Curaleaf gain investor attention amid rescheduling talks.

2 sources. https://clstr.news/cluster/us-federal-cannabis-reform-gains-momentum-as-industry-stocks-surge

### 2026-07-29: DEA Nears Decision on Marijuana Rescheduling to Schedule III

The DEA is finalizing hearings on moving marijuana to Schedule III, a change that could end the 280E tax penalty, boost research and industry investment, while leaving recreational legality to the states.

2 sources. https://clstr.news/cluster/dea-nears-decision-on-marijuana-rescheduling-to-schedule-iii

### 2026-07-21: US Senate advances multiple federal cannabis reform bills

US lawmakers introduced dozens of cannabis bills, including the Cannabis Administration and Opportunity Act that would deschedule marijuana, set up federal regulation, banking protections and research grants.

2 sources. https://clstr.news/cluster/us-senate-advances-multiple-federal-cannabis-reform-bills

### 2026-07-20: US DEA Marijuana Rescheduling Hearing Concludes Without Decision

The DEA hearing on rescheduling all U.S. marijuana ended July 15 with no decision; briefs are due Aug 17, and industry eyes global market impacts.

5 sources. https://clstr.news/cluster/us-dea-marijuana-rescheduling-hearing-concludes-without-decision

### 2026-07-17: U.S. Senate Reintroduces Federal Cannabis Legalization Bill

Senators Booker, Schumer and Wyden reintroduced a bill to legalize cannabis federally, create a national regulatory center, expunge low‑level convictions and fund youth‑prevention and treatment programs.

2 sources. https://clstr.news/cluster/us-senate-reintroduces-federal-cannabis-legalization-bill

### 2026-07-17: DEA Moves to Reclassify Cannabis to Schedule III

The DEA accepted a recommendation to move cannabis to Schedule III, citing medical benefits and reduced crime, after a July 15 hearing where law‑enforcement testimony supported regulation.

3 sources. https://clstr.news/cluster/dea-moves-to-reclassify-cannabis-to-schedule-iii

### 2026-07-13: Wyoming Drugs Commissioner Rejects State Rescheduling of Cannabis

Wyoming says only its legislature can reschedule cannabis; the state will not move marijuana to Schedule III despite federal reforms, noting existing FDA‑approved cannabinoid classifications.

2 sources. https://clstr.news/cluster/wyoming-drugs-commissioner-rejects-state-rescheduling-of-cannabis

### 2026-07-09: U.S. cannabis sector watches federal rescheduling hearing and state legislative moves

Federal cannabis rescheduling hearing highlighted AI tools, medical sales, and mixed expert testimony, while states like Virginia, North Carolina and Wyoming navigate divergent legislative responses.

2 sources. https://clstr.news/cluster/us-cannabis-sector-watches-federal-rescheduling-hearing-and-state-legislative-moves

### 2026-06-23: DEA faces criticism over one-sided federal cannabis rescheduling hearing

NORML says the DEA excluded pro‑rescheduling voices from a June 29 hearing that could move marijuana to Schedule III, affecting tax burdens for cannabis businesses nationwide, especially in Michigan and Nevada.

2 sources. https://clstr.news/cluster/dea-faces-criticism-over-one-sided-federal-cannabis-rescheduling-hearing

### 2026-06-21: DEA Schedules June 29, 2026 Hearing on Marijuana Rescheduling

The DEA will hold a June 29‑July 15, 2026 hearing in Virginia on moving marijuana from Schedule I to Schedule III, inviting only opponents such as certain states and law‑enforcement groups while excluding re‑so

4 sources. https://clstr.news/cluster/dea-schedules-june-29-2026-hearing-on-marijuana-rescheduling

### 2026-06-18: DEA Marijuana Rescheduling Hearing and D.C. Circuit Challenge

The DEA set a June 29 hearing on moving marijuana to Schedule III, while MMJ International Holdings challenges the agency’s April rescheduling order in the D.C. Circuit, arguing it exceeds authority.

2 sources. https://clstr.news/cluster/dea-marijuana-rescheduling-hearing-and-dc-circuit-challenge

### 2026-06-12: U.S. DEA's Cannabis Rescheduling Hearing Faces Constitutional Challenge

The DEA’s June 29, 2026 hearing to reschedule marijuana to Schedule III proceeds despite DOJ claims the ALJ framework used is unconstitutional, sparking legal challenges that could affect a multibillion‑dollar

2 sources. https://clstr.news/cluster/us-deas-cannabis-rescheduling-hearing-faces-constitutional-challenge

### 2026-06-10: U.S. DOJ Marijuana Rescheduling Order Sparks Legal Challenge and Tax Relief

The DOJ moved medical cannabis to Schedule III, cutting tax penalties and enabling research. A drug‑testing group and cannabis firms sued for a stay, saying the change bypassed required rulemaking.

3 sources. https://clstr.news/cluster/us-doj-marijuana-rescheduling-order-sparks-legal-challenge-and-tax-relief

### 2026-06-07: U.S. Justice Department Moves Medical Marijuana to Schedule III

The U.S. Justice Department reclassified medical marijuana to Schedule III, ending 280E tax penalties for qualified operators and setting a June 29 hearing on adult‑use rescheduling.

2 sources. https://clstr.news/cluster/us-justice-department-moves-medical-marijuana-to-schedule-iii

### 2026-06-02: Louisiana Withdraws from Lawsuit Challenging Federal Medical Marijuana Reclassification

Louisiana AG Liz Murrill withdrew the state from a multi‑state lawsuit challenging the Trump administration’s plan to move medical marijuana to Schedule III, amid a DEA hearing on the reclassification.

2 sources. https://clstr.news/cluster/louisiana-withdraws-from-lawsuit-challenging-federal-medical-marijuana-reclassification

### 2026-06-01: DEA Reschedules Cannabis to Schedule III, Expanding Research and Industry Impact

The DEA is moving cannabis to Schedule III, easing research and allowing medical‑marijuana firms to deduct business expenses, though benefits for companies like Canada’s Canopy Growth remain limited.

3 sources. https://clstr.news/cluster/dea-reschedules-cannabis-to-schedule-iii-expanding-research-and-industry-impact

### 2026-05-30: U.S. Federal Reclassification of Medical Marijuana Impacts North Carolina

The DOJ moved medical marijuana to Schedule III, granting federal recognition and tax benefits, while recreational use stays Schedule I, leaving North Carolina to await guidance on regulation, research and business impacts.

2 sources. https://clstr.news/cluster/us-federal-reclassification-of-medical-marijuana-impacts-north-carolina

### 2026-05-28: DEA Opens Application Portal for Medical Marijuana Registrations Amid State Lawsuit Over Cannabis Reclassification

DEA opens a portal for medical marijuana operators to seek federal registration, while Nebraska's AG joins a lawsuit challenging the DOJ’s move to reclassify cannabis to Schedule III.

2 sources. https://clstr.news/cluster/dea-opens-application-portal-for-medical-marijuana-registrations-amid-state-lawsuit-over-cannabis-re

---
Cite as: DEA advances cannabis rescheduling to Schedule III. CLSTR, https://clstr.news/situations/us-medical-marijuana-federal-reclassification
