DEA Judge Sets Timeline and Rules for Marijuana Rescheduling Hearing
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A DEA administrative law judge issued an order outlining procedures and a schedule for a hearing on moving marijuana from Schedule I to Schedule III, with participation limited to designated opponents of reform.
Chief Administrative Law Judge Derek Julius signed a 12-page order Thursday that establishes the procedural framework for a DEA hearing on the proposed rescheduling of marijuana to Schedule III. The hearing, slated to begin on June 29 and run through July 15 at a DEA facility in Arlington, Virginia, will involve only parties designated by the agency, all of which have expressed opposition to cannabis reform.
"The government, as the proponent of the proposed rule, has the burden of proof," Julius wrote, noting that government representatives must file notices of appearance by the following Monday.
The order clarifies that the hearing will focus solely on whether the remainder of marijuana, as defined in the Controlled Substances Act, should be moved from Schedule I to Schedule III, excluding discussion of FDA-approved medical products already reclassified. Proceedings will not be televised or livestreamed, though the public may attend in person.
Each designated party will receive a single day to present its case, with a 15-minute opening statement and up to two witnesses. Direct testimony is limited to two hours per witness, with possible extensions if only one witness is offered. Cross-examination by interested parties and the government is capped at one hour per witness, and parties may not cross-examine each other's witnesses. No closing arguments will be allotted; parties may submit post-hearing briefs.
Designated participants include the National Drug & Alcohol Screening Association, the Tennessee Bureau of Investigation, Smart Approaches to Marijuana, several states (Nebraska, Idaho, Indiana, Louisiana), DUID Victim Voices, and two medical professionals. All have opposed marijuana reform and some are involved in litigation aimed at blocking the rescheduling.
The DEA has rejected participation requests from reform advocates, stating they have not demonstrated that they are “adversely affected or aggrieved” by the rule change. The agency’s earlier action in April by Acting Attorney General Todd Blanche reclassified state-licensed medical cannabis and FDA-approved marijuana products to Schedule III, while the upcoming hearing will address the broader classification of marijuana.
The hearing follows a stalled Biden-era rescheduling process and is subject to multiple lawsuits consolidated in a federal appeals court. Meanwhile, the partial rescheduling already in effect has prompted changes in tax guidance, gun-purchase forms, and other federal regulations affecting state-legal cannabis businesses.