The Department of Justice is preparing to ask a federal court to extend proceedings on a marijuana rescheduling case until January 27, 2026.

While the request would push the official timeline back by months, it does not prevent the administration from moving forward with rescheduling marijuana at any point if it chooses to act.

The filing is expected in a joint status report due today, September 29. The case has been stayed since January 16 because of an ongoing lawsuit filed by researcher David Heldreth, who argues the DOJ failed to consult tribal governments as required by its own 2022 memorandum. In the leaked draft of the report, DOJ attorney Elizabeth Neylen wrote that the pause “continues to be warranted” and proposed another update in January “to avoid conflicts around the holidays.”

The request comes over a month after President Trump made comments suggesting a decision to move marijuana from Schedule I to Schedule III could happen within weeks, and a day after Trump posted a video promoting the endocannabinoid system. Importantly, however, a stay is not a legal barrier. The administration could still make a decision on rescheduling outside of the court timeline if it decides to press ahead.