Short answer
There is no rescheduling date. As of the latest entries in Docket No. DEA-1362, the Drug Enforcement Administration has not published a final rule to move cannabis from Schedule I to Schedule III. The proposal is at the administrative hearing stage. If DEA issues a final rule, it takes effect 30 days after publication in the Federal Register unless DEA sets a different date.
what does rescheduling do for cannabis
Anyone who states a specific month for rescheduling is guessing. The remaining steps are procedural, and each step can be delayed or challenged in court.
cannabis rescheduling update news
Timeline of what has happened
- Oct. 6, 2022: President Biden directed the Department of Health and Human Services and the Department of Justice to review how cannabis is scheduled.
- Aug. 29, 2023: HHS sent DEA a recommendation to place cannabis in Schedule III.
- May 21, 2024: DEA and DOJ published a proposed rule in the Federal Register.
- July 22, 2024: The public comment period closed. DEA received tens of thousands of comments.
- Aug. 27, 2024: DEA scheduled a hearing before Administrative Law Judge John J. Mulrooney II for Dec. 2, 2024.
- Dec. 2, 2024 onward: The hearing date moved. DEA has not issued a final rule.
Steps that remain
- Administrative hearing. An administrative law judge takes testimony from DEA, supporters and opponents. The judge issues a recommended decision.
- Administrator review. The DEA Administrator issues a final rule with a written rationale.
- Publication. The final rule appears in the Federal Register.
- Effective date. The rule takes effect 30 days after publication, or on a later date DEA names.
- Judicial review. Any party can appeal a final rule to a federal court of appeals. A court can pause the rule while it reviews the case.
How long the rest could take
Hearing stages in DEA rulemaking have run for months and, in some cases, more than a year. Appeals after a final rule add more time. A change in administration can change the pace and the outcome, because the DEA Administrator is a political appointee. The Controlled Substances Act, 21 U.S.C. 811, gives the Attorney General authority to reschedule a controlled substance through rulemaking, which is the path in use here.
What Schedule III would and would not do
- Tax. Schedule III substances are not covered by Section 280E of the tax code. State-licensed cannabis businesses could take federal deductions.
- Research. Schedule III opens DEA registration for more researchers and more supply sources.
- Not legalization. Rescheduling does not legalize adult-use cannabis. State license rules still apply.
- Not interstate sales. Rescheduling does not authorize shipping cannabis across state lines.
- Not FDA approval. Schedule III placement is not an FDA approval of any cannabis product.
Where to follow the case
DEA posts filings in Docket No. DEA-1362 on regulations.gov. The Federal Register publishes the proposed rule, hearing notices and any final rule. Both sources are free and update without notice.