Cannabis rescheduling is still pending. The DEA hearing on moving marijuana from Schedule I to Schedule III has been postponed and reorganized more than once, and no final rule has taken effect, so cannabis remains a Schedule I controlled substance under federal law while the administrative process runs its course.
is marijuana becoming legal federally
This cannabis rescheduling DEA hearing update walks through what the hearing is deciding, what has happened so far, and what it means for people who buy cannabis legally in their state.
What rescheduling would actually do
The May 2024 proposal would move marijuana from Schedule I, the most restrictive category, to Schedule III, the group that includes substances such as ketamine and anabolic steroids. Schedule I is reserved for drugs with no accepted medical use and a high potential for abuse. Schedule III would formally recognize accepted medical use and place cannabis inside the federal controlled substances framework rather than outside it.
This is not the same as legalization. Rescheduling changes how the federal government classifies the plant. It does not remove cannabis from the Controlled Substances Act, and it does not create a national commercial market.
Why there is a hearing instead of a simple signature
Scheduling changes under the Controlled Substances Act can be challenged, and this one was. After the proposed rule published, interested parties filed requests to be heard, and the DEA agreed to hold a formal administrative hearing. That hearing is overseen by an administrative law judge who takes evidence, hears from designated participants on both sides, and produces a recommendation for the DEA Administrator.
Participants include state agencies, medical and industry groups, and opponents of rescheduling. The judge does not make the final call. The Administrator does, and that decision is a final agency action that can be challenged in federal court.
Where the cannabis rescheduling DEA hearing stands
The hearing has slipped repeatedly, mostly over procedural disputes about which parties may participate, what evidence they may introduce, and how certain communications were handled. Those disputes are the reason the calendar keeps moving. As of the most recent public updates, no evidentiary hearing has produced a recommended decision, and no final scheduling rule has been published.
- August 2023: Health and Human Services recommends Schedule III after a review requested by the White House.
- May 2024: DEA publishes the proposed rule to reschedule cannabis, opening a public comment period.
- Mid to late 2024: DEA grants a hearing after receiving requests, then moves the date more than once.
- 2025: Disputes over participants, procedure, and alleged improper contacts push the hearing further out.
- Pending: A recommended decision from the administrative law judge, followed by a final decision from the DEA Administrator.
What a hearing delay does not undo
Nothing about the delay changes state law. Medical and adult-use programs in states that have legalized cannabis keep operating under state rules. Licensed dispensaries, including storefronts and delivery services, continue to sell to customers who meet state requirements.
The delay also does not erase the 2023 scientific review or the 2024 proposal. Both remain on the record. A hearing is a step in the process, not a reset of it.
What would change if the rule is finalized
- Federal tax treatment: Section 280E disallows deductions for businesses trafficking in Schedule I or II substances. Schedule III falls outside that rule, which would change how state-legal cannabis businesses file federal returns.
- Research: Researchers would face a lower registration barrier for a Schedule III substance, which may make larger clinical studies easier to run.
- Federal enforcement posture: Schedule III signals that federal agencies see cannabis as having accepted medical use, which shapes enforcement priorities even where state and federal law still conflict.
- No federal prescriptions: Rescheduling does not make cannabis an FDA-approved drug, so it would not create a pharmacy prescription program.
What to watch next
- An order setting a firm evidentiary hearing date, or another postponement.
- A recommended decision from the administrative law judge.
- A final rule, or a decision not to finalize, from the DEA Administrator.
- Litigation after the final agency action, which is likely from whichever side loses.
Quick answers
Is cannabis Schedule III yet?
No. No final rule has been issued, so cannabis remains Schedule I federally while the hearing process continues.
Does rescheduling legalize cannabis?
No. It would reclassify cannabis under federal law, not remove federal controls or override state programs.
Will my state's dispensaries close if rescheduling stalls?
No. State-licensed cannabis businesses operate under state law, not the federal schedule, and a delay in the federal rule does not change that.
How long could this take?
There is no fixed deadline. Administrative hearings can run for months, the Administrator's review adds more time, and court challenges can extend the timeline by a year or more.