DEA Hearing on Cannabis Rescheduling Concludes
The Drug Enforcement Administration’s administrative law judge wrapped up a multi‑day hearing on the Trump administration’s proposal to reschedule marijuana, setting the stage for the next procedural steps. Judge Derek Julius issued an order on Thursday outlining how participants may submit post‑hearing briefs and proposed transcript corrections, with a deadline of August 17.
Post‑Hearing Brief Timeline
Because no time was allocated for closing arguments during the in‑person sessions, Judge Julius ruled that interested parties may file non‑mandatory briefs of up to 50 pages. These documents can contain closing arguments and additional points raised by the tribunal during the hearing. The judge emphasized that failure to submit a brief will not be penalized and will be interpreted as an intentional choice not to file.
Parties may also submit proposed corrections to the daily hearing transcripts by the same date. Julius explained that the tribunal will review the transcript independently, compare its findings with the parties’ suggestions, and then issue an order adopting a final corrections list. A fully corrected transcript will subsequently be published on the DEA’s website for public access.
Arguments For and Against Rescheduling
During the hearing, DEA officials defending the rescheduling proposal highlighted marijuana’s medical benefits and its comparatively low risk relative to substances such as alcohol and opioids. Testimony included an FDA scientist and a New Hampshire medical doctor who described how medical cannabis alleviates pain and can serve as an alternative to opioid prescriptions.
Opposition witnesses, representing groups such as Smart Approaches to Marijuana, the National Drug & Alcohol Screening Association, and several state bureaus, concentrated on alleged harms of cannabis use. They also critiqued recent modifications to the federal analysis used to determine whether a drug possesses accepted medical value.
Impact of Recent Rescheduling Actions
Prior to the hearing, Acting Attorney General Todd Blanche issued an order that moved state‑licensed medical cannabis and FDA‑approved marijuana products from Schedule I to Schedule III of the Controlled Substances Act. The Congressional Research Service noted that this change allows certified patients to possess medical marijuana without needing a CSA‑compliant prescription.
Other federal agencies have begun adjusting their policies: the ATF updated a gun‑purchase form to reflect that only recreational marijuana use remains federally prohibited; the Treasury and IRS signaled forthcoming tax guidance that would permit state‑licensed marijuana businesses to claim federal deductions currently barred under IRS Code 280E; and the DEA launched a registration process for state‑legal marijuana operators to avail themselves of those benefits.
Nevertheless, certain departments maintain strict prohibitions. The Department of Transportation reiterated that state‑legal medical cannabis does not excuse a positive drug test for safety‑critical workers, while the Department of War affirmed that marijuana use remains forbidden for military personnel and civilian employees.
Transparency Concerns and Legal Challenges
Reform advocates criticized the hearing’s structure, noting that only opponents of rescheduling were designated as participants. DEA Administrator Terrance Cole explained that supporters did not meet the definition of an “interested person” because they are not adversely affected by the proposed rule. Activists held a press conference outside DEA headquarters, arguing that the process excluded reform voices and was not livestreamed despite promises of transparency.
The current rescheduling effort faces multiple legal challenges. Lawsuits filed by state attorneys general, anti‑legalization groups, and a cannabis‑focused biopharma corporation have been consolidated by a federal appeals court. A prior Biden‑administered hearing stalled last year amid allegations of improper communication and witness selection.
A congressional committee recently voted to block further federal steps toward cannabis rescheduling, though bipartisan lawmakers told Marijuana Moment they doubt the provision will become law.
For the full details of the judge’s order and the hearing proceedings, see the original coverage Here.
