In April 2026, medical cannabis was reclassified from Schedule I to Schedule III of the Controlled Substances Act. On this date, Acting Attorney General Todd Blanche announced that a hearing on a broader reclassification of cannabis would commence on June 29.
This hearing concluded on July 15, although a decision or recommendation has not yet been made. Participants are invited to submit post-hearing briefs, including closing arguments, after which a recommendation will be made.
What happened during the DEA hearing?
The Drug Enforcement Administration (DEA) held a hearing, commencing on June 29, to discuss the reclassification of cannabis from Schedule I of the Controlled Substances Act. Selected participants were invited to testify to oppose rescheduling with personal, professional, and scientific evidence for the record. [1][2]
Participants included: [1]
- 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, M.D.
- Phillip A. Drum, PharmD
All participants opposed the rescheduling of cannabis, a choice that has been criticized by some advocates who questioned why proponents were not permitted. However, the DEA is a proponent of the change, and Acting Attorney General Todd Blanche maintained that those invited to participate are required to be “any interested person...adversely affected or aggrieved by any rule or proposed rule issuable”. [3]
The purpose of the hearing was to provide sufficient evidence for Derek Julius, the Administrative Law Judge (ALJ), to make a recommendation for or against the rescheduling of cannabis from Schedule I to Schedule III. [1]
Key points raised by the participants included the potential harm of cannabis, such as driving under the influence, cannabis use disorder, and neurobiological impacts. As the DEA acted as the proponent in this matter, government representatives, including Dr. Dominic Chiapperino of the Food and Drug Administration (FDA) and Dr. Corey Burchman, a practicing pain management physician, testified about the clinical evidence for the benefits of cannabis. [4][5]
Members of the public and media were permitted to attend the hearing, in limited numbers, and admitted on a first-come, first-served basis, requiring them to line up outside the building each morning. Audio, video, or any other recording or livestream broadcasting was not permitted. [5]
What happened on the final day of the hearing?
Presenting as a unified participant, the states of Nebraska, Idaho, and Indiana called Humboldt County, California Sheriff William Honsal to testify on the last day of the hearing. Under cross-examination, Honsal admitted that cannabis regulation reduces crime associated with illicit market production and diversion, directly contradicting his own pre-hearing statement and the participants’ intended argument. [2]
The hearing occurred between June 29 and July 15. During that time, testimony, cross-examination, and data review were prioritized to enable a comprehensive and complete gathering of evidence and information. Because of this, the ALJ did not allocate time for closing arguments and instructed that these be submitted in writing. [1][3]
Participants are invited to submit their post-hearing briefs, containing their closing arguments and transcript corrections, to the ALJ by August 17, 2026. [2]
What happens after the hearing?
Once the ALJ has reviewed the post-hearing briefs and transcripts from the hearing, he will draft and submit his official recommendation. This process does not have a deadline and is expected to take several weeks or months, with a recommendation likely to be submitted in late 2026. [2][3]
Once the recommendation report has been finalized, participants are permitted to submit formal objections within 20 days. After this, the documentation from the hearing and the ALJ’s recommendation are given to the DEA Administrator, Terry Cole. He will make the final decision on whether to issue a final order rescheduling cannabis. [2]
The ALJ’s recommendation, therefore, serves an important purpose, but can form as much or as little of the basis in the DEA’s final decision as Cole decides. However, as per the Code of Federal Regulations, Part 1316, Subpart D, this final decision must be legally and procedurally justifiable. Should Cole choose to reject the ALJ recommendation, parties of the hearing can open a case in the D.C. Circuit Court of Appeals. [2]
What Schedule III could mean for public health
Rescheduling cannabis to Schedule III can have the following impacts:
- Increasing medical research by reducing barriers and improving access to funding.
- Cannabis regulation can reduce risks to the public, allowing for testing of cannabis products and clear ingredients and warnings on products sold.
- Potential to reduce stigma and judgment, which can improve mental health and treatment willingness for substance use or related issues.
- Increased accessibility could increase public cannabis use and related issues, such as youth harm, addiction rates, and mental health consequences.
Why addiction researchers are paying attention
Researchers pay close attention to substance rescheduling discussions as these regulations significantly impact accessibility and frameworks for research. As a Schedule I substance, cannabis research is prevented or substantially limited due to regulatory barriers.
If cannabis is reclassified as Schedule III, researchers can obtain and study cannabis much more easily, allowing them to conduct larger-scale trials and more comprehensive studies into varying strains and formulations, which can have huge impacts on the future of cannabis research and safety. [6]
This would likely lead to a better understanding of the development and treatment of addictions, the potential benefits of cannabis in medicine, and the neurological impact of specific cannabis potencies and chemical components. [6]
Conclusion
This hearing demonstrates a clear milestone in substance regulation in the US and is an important step in the reclassification of cannabis. The next step in the process may take a few weeks or months, as the DEA awaits the ALJ’s recommendation. After this, likely by late 2026 or early 2027, the DEA will confirm exactly if and how cannabis scheduling will look moving forward.
In the meantime, cannabis scheduling and regulation remain as:
- FDA-approved marijuana medications and marijuana sold under a qualifying state medical license are Schedule III.
- All other marijuana, including recreational and medical marijuana outside a licensed state program, remains Schedule I.
- State laws around the sale and possession of cannabis are still in place and vary across the country.
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