The DEA’s notice setting an official hearing on marijuana rescheduling has been posted for public inspection by the Federal Register, with official publication scheduled for April 28, marking the latest formal step in the effort to move marijuana from Schedule I to Schedule III under federal law. The move comes after the DOJ signed an order last week moving FDA-approved and state-legal medical cannabis to Schedule III, while putting in place an expedited process to move all cannabis to Schedule III later this year.
The notice sets a June 29 start date for a hearing on the proposed rule to transfer marijuana from Schedule I to Schedule III of the Controlled Substances Act. The hearing will begin at 9 a.m. ET at the DEA Hearing Facility in Arlington, Virginia, and must conclude no later than July 15. Proceedings will pause July 3 and resume July 6 because of the Independence Day holiday.
The proposed rescheduling rule was first published in the Federal Register on May 21, 2024. It followed a recommendation from the Department of Health and Human Services that marijuana has a currently accepted medical use, a lower abuse potential than Schedule I and II substances, and a dependence profile consistent with Schedule III.
A previous hearing had been scheduled to begin in December 2024, but that process was later withdrawn and terminated. The new notice says DEA is moving forward under Executive Order 14370, issued by President Trump on Dec. 18, 2025, directing the attorney general to complete the marijuana rescheduling rulemaking process as quickly as federal law allows.
Those interested in participating in the hearing must file a new notice of intent, even if they previously requested to participate in earlier proceedings. Electronic notices must be submitted by 11:59 p.m. ET on May 24, while mailed notices must be postmarked by May 20. Acting Attorney General Todd Blanche is expected to notify selected participants on June 22 and designate an administrative law judge to oversee the hearing.
The purpose of the hearing will be to receive factual evidence and expert opinion on whether marijuana should be moved to Schedule III. Comments and objections already submitted may be offered as evidence, though only evidence deemed competent, relevant, material and not overly repetitive will be admitted.
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