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DEA advances cannabis rescheduling to Schedule III

Updated 2 times since CLSTR started tracking revisions of this situation.

What changed

2026-08-19 07:28 UTC → 2026-08-21 14:48 UTC · added removed

DEA requests advances cannabis rescheduling to Schedule III rescheduling for cannabis

The DEA’s administrative hearing on rescheduling marijuana concluded on process to reschedule cannabis continues following the conclusion of evidentiary hearings held between June 29 and July 15. Following the On August 17 deadline for post-hearing briefs, 17, 2026, the DEA formally requested on August 17, 2026, that an administrative judge recommend moving cannabis from Schedule I to Schedule III, arguing it no longer meets Schedule I criteria. The agency’s decision follows the acceptance of the HHS recommendation to reclassify cannabis, criteria because it has a move that would eliminate “currently accepted medical use in the IRS Section 280E tax penalty for qualifying United States and demonstrated safety under medical operators. Legal challenges persist. A coalition 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 pharmaceutical firms House lawmakers—including Representatives Dina Titus, David Joyce, Ilhan Omar, and drug-testing associations has sought a stay in Greg Steube—petitioned the D.C. Circuit, alleging administration for clarity. In an August 18 letter, they requested guidance on how the rescheduling order violates 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 Administrative Procedure Act Centers for Medicare & Medicaid Services regarding reimbursement. Legal and international treaties. administrative developments persist. While Louisiana withdrew the DEA moves forward, the proposal faces opposition from a multi-state lawsuit led by Nebraska groups such as Smart Approaches to Marijuana and the states of Idaho, Indiana, litigation regarding and Nebraska. Additionally, DEA chief administrative law judge Derek C. Julius has ordered corrections to the April order that reclassified FDA-approved official hearing transcript to address mistranscribed statements and state-licensed medical cannabis remains active. technical terminology; an updated version is expected by August 26. Legislative efforts continue efforts, such as Senators Cory Booker, Chuck Schumer, and Ron Wyden reintroduced the Cannabis Administration and Opportunity Act. This bill seeks to remove cannabis from the Controlled Substances Act Act, and establish federal oversight. Other proposed measures include various legal challenges regarding the SAFE Banking Administrative Procedure Act and the CLAIM Act. State responses vary. Wyoming officials announced the state will not automatically adopt federal rescheduling, asserting only the state legislature can change drug schedules. Meanwhile, a bipartisan group remain part of House lawmakers has petitioned the administration for clarity on how Schedule III implementation will affect patient privacy, worker protections, and healthcare reimbursement. broader landscape surrounding federal cannabis reclassification.

Versions

  1. 2026-08-21 14:48 UTC DEA advances cannabis rescheduling to Schedule III
  2. 2026-08-19 07:28 UTC DEA requests Schedule III rescheduling for cannabis
  3. 2026-07-31 22:05 UTC DEA marijuana rescheduling hearing ends, decision pending

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