Proposed Rule2026-08177
Schedules of Controlled Substances: Rescheduling of Marijuana
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 28, 2026
Issuing agencies
Justice DepartmentDrug Enforcement Administration
Abstract
This is notice that the Drug Enforcement Administration ("DEA") will hold a hearing with respect to the proposed rescheduling of marijuana into schedule III of the Controlled Substances Act beginning June 29, 2026. The proposed rescheduling of marijuana was initially proposed in a Notice of Proposed Rulemaking published in the Federal Register on May 21, 2024. In accordance with Executive Order 14370, DEA is completing this process in the most expeditious manner in accordance with Federal law.
Full Text
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<title>Federal Register, Volume 91 Issue 81 (Tuesday, April 28, 2026)</title>
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[Federal Register Volume 91, Number 81 (Tuesday, April 28, 2026)]
[Proposed Rules]
[Pages 22777-22778]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08177]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 91, No. 81 / Tuesday, April 28, 2026 /
Proposed Rules
[[Page 22777]]
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1301
[Docket No. DEA-1362; Attorney General Order No. 6753-2026]
Schedules of Controlled Substances: Rescheduling of Marijuana
AGENCY: Drug Enforcement Administration, Department of Justice.
ACTION: Notice of hearing on proposed rulemaking.
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SUMMARY: This is notice that the Drug Enforcement Administration
(``DEA'') will hold a hearing with respect to the proposed rescheduling
of marijuana into schedule III of the Controlled Substances Act
beginning June 29, 2026. The proposed rescheduling of marijuana was
initially proposed in a Notice of Proposed Rulemaking published in the
Federal Register on May 21, 2024. In accordance with Executive Order
14370, DEA is completing this process in the most expeditious manner in
accordance with Federal law.
DATES: Interested persons desiring to participate in this hearing must
provide written notice of desired participation as set out below, on or
before May 28, 2026.
To be considered by DEA as part of this rulemaking, requests to
participate in the hearing must be submitted within the timeframe
specified above, regardless of whether the person previously submitted
either a request for a hearing in response to the notice of proposed
rulemaking that DEA published in the Federal Register on May 21, 2024
(89 FR 44597), or a request to participate in the hearing in response
to the notice of hearing that DEA published in the Federal Register on
August 29, 2024 (89 FR 70148), the latter of which was subsequently
withdrawn.
The hearing will commence on June 29, 2026, at 9 a.m. ET at the DEA
Hearing Facility at 700 Army Navy Drive, Arlington, VA 22202. The
hearing will conclude not later than July 15, 2026. To allow all
parties to celebrate 250 years of American Independence, the hearing
will recess on July 3 and reconvene on July 6. The hearing may be moved
to a different place and may be continued from day-to-day or recessed
to a later date without notice other than announcement thereof by the
Administrative Law Judge at the hearing pursuant to 21 CFR 1316.53.
ADDRESSES: To ensure proper handling of notification, please reference
``Docket No. DEA-1362'' on all correspondence.
<bullet> Electronic notification should be sent to <a href="/cdn-cgi/l/email-protection#94fae4e6f9d4f0f1f5baf3fbe2"><span class="__cf_email__" data-cfemail="ea849a9887aa8e8f8bc48d859c">[email protected]</span></a>.
<bullet> Paper notification sent via regular or express mail should
be sent to Drug Enforcement Administration, Attn: Administrator, 8701
Morrissette Drive, Springfield, Virginia 22152.
FOR FURTHER INFORMATION CONTACT: Drug and Chemical Evaluation Section,
Diversion Control Division, Drug Enforcement Administration; Telephone:
(571) 362-3249. Email: <a href="/cdn-cgi/l/email-protection#82ecf2f0efc2e6e7e3ace5edf4"><span class="__cf_email__" data-cfemail="1a746a68775a7e7f7b347d756c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
On May 21, 2024, the Department of Justice published a notice of
proposed rulemaking (``NPRM'') to transfer marijuana from schedule I of
the Controlled Substances Act (``CSA'') to schedule III, consistent
with the view of the Department of Health and Human Services (``HHS'')
that marijuana has a currently accepted medical use, has a potential
for abuse less than the drugs or other substances in schedules I and
II, and that its abuse may lead to moderate or low physical dependence
or high psychological dependence.\1\ The CSA requires that such actions
be made through formal rulemaking on the record after opportunity for a
hearing.\2\ The NPRM invited interested persons to participate in the
rulemaking effort by submitting written comments on the proposal or by
requesting a hearing.\3\
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\1\ Schedules of Controlled Substances: Rescheduling of
Marijuana, 89 FR 44597 (May 21, 2024).
\2\ 21 U.S.C. 811(a).
\3\ 89 FR 44598-99.
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In response to the NPRM, DEA received numerous comments and
requests for hearing from interested persons. DEA scheduled a hearing
on the NPRM and published a notice to that effect in the Federal
Register on August 29, 2024.\4\ The Federal Register notice announced
that the hearing would commence on December 2, 2024.\5\ The Department
later withdrew the notice of hearing, which can be found elsewhere in
this issue of the Federal Register. The hearing on the proposed rule
was cancelled, and all related proceedings were terminated.
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\4\ Schedules of Controlled Substances: Rescheduling of
Marijuana, 89 FR 70148 (Aug. 29, 2024). After considering more than
160 individuals and entities that requested to participate in that
hearing, the then-DEA Administrator designated 25 persons and
entities (in addition to the Federal Government) as permitted to
give live testimony, present argument, and conduct cross-examination
as part of the hearing. As of Nov. 19, 2024, five of the 25
participants had either withdrawn their requests to participate,
signaled their intent to waive participation, or failed to respond
to the tribunal's orders. Order Regarding Standing, Scope, and
Prehearing Procedures, DEA Docket No. 1362, Hearing Docket No. 24-44
(Nov. 19, 2024).
\5\ 89 FR 70148.
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On December 18, 2025, President Trump issued Executive Order (E.O.)
14370, entitled ``Increasing Medical Marijuana and Cannabidiol
Research,'' which directs the Attorney General to ``take all necessary
steps to complete the rulemaking process related to rescheduling
marijuana to Schedule III of the CSA in the most expeditious manner in
accordance with Federal law, including 21 U.S.C. 811.'' \6\ To comply
with the directive in E.O. 14370, while simultaneously conducting an
expeditious hearing that fully complies with all applicable provisions
of the Administrative Procedure Act (5 U.S.C. 551-559), the CSA (21
U.S.C. 811, et seq.), and DEA regulations, the Acting Attorney General
is issuing this new notice of hearing on the proposed rule. DEA is
committed to accelerating the rulemaking process from this point
forward.
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\6\ Executive Order 14370, Increasing Medical Marijuana and
Cannabidiol Research, 90 FR 60541, 60542 (Dec. 23, 2025).
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Hearing Notification
Pursuant to 21 U.S.C. 811(a) and 21 CFR 1308.41, DEA will convene a
hearing on the NPRM. The hearing will commence on June 29, 2026, at 9
a.m. ET at the DEA Hearing Facility, 700 Army Navy Drive, Arlington, VA
22202. The hearing will conclude not later than July 15, 2026. To allow
all parties to celebrate the most important milestone in our country's
history--250 years of American Independence--the hearing
[[Page 22778]]
will recess on July 3 and reconvene on July 6. The hearing may be moved
to a different place and may be continued from day to day or recessed
to a later date without notice other than announcement thereof by the
Administrative Law Judge (``ALJ'') at the hearing.\7\ The hearing will
be conducted pursuant to the provisions of 5 U.S.C. 556 and 557, and 21
CFR 1308.41-1308.45, and 1316.41-1316.68. DEA is committed to
conducting a transparent proceeding. Accordingly, DEA will provide
updates on the DEA website, <a href="https://www.dea.gov">https://www.dea.gov</a>, regarding public
access to the hearing.
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\7\ 21 CFR 1316.53.
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In accordance with 21 U.S.C. 811 and 812, the purpose of the
hearing is to ``receiv[e] factual evidence and expert opinion
regarding'' whether marijuana should be transferred to schedule III of
the list of controlled substances.\8\
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\8\ See also 21 CFR 1308.42.
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Every ``interested person''--defined in 21 CFR 1300.01(b) as ``any
person adversely affected or aggrieved by any rule or proposed rule
issuable'' under 21 U.S.C. 811--who wishes to participate in the
hearing shall file a written notice of intention to participate.
Electronic filing may be made as a PDF attachment via email to the Drug
Enforcement Administration, Attn: Administrator at <a href="/cdn-cgi/l/email-protection#c7a9b7b5aa87a3a2a6e9a0a8b1"><span class="__cf_email__" data-cfemail="2947595b44694d4c48074e465f">[email protected]</span></a>, on or
before 11:59 p.m. Eastern Time on May 24, 2026. If filing by mail,
written notice must be filed with the Drug Enforcement Administration,
Attn: Administrator, 8701 Morrissette Drive, Springfield, VA 22152, and
must be postmarked on or before May 20, 2026. Paper requests that
duplicate electronic submissions are not necessary and are discouraged.
Each notice of intention to participate must be in conformity with
the requirements of 21 CFR 1308.44(b) and in the form prescribed in 21
CFR 1316.48. Among those requirements, such requests must:
(1) state with particularity the interest of the person in the
proceeding;
(2) state with particularity the objections or issues concerning
which the person desires to be heard; and
(3) state briefly the position of the person regarding the
objections or issues.
Following DEA's assessment of the notices of intention to
participate submitted by interested persons, on June 22, 2026, I will
notify the interested persons selected to participate in the hearing. I
also will designate an ALJ to preside over the hearing. The ALJ's
functions shall commence upon designation, as provided in 21 CFR
1316.52. The ALJ will have all powers necessary to conduct a fair
hearing, to take all necessary action to avoid delay, and to maintain
order. The ALJ's authorities include the power to hold conferences to
simplify or determine the issues in the hearing or to consider other
matters that may aid in the expeditious disposition of the hearing;
require parties to state their position in writing; sign and issue
subpoenas to compel the production of documents and materials to the
extent necessary to conduct the hearing; examine witnesses and direct
witnesses to testify; receive, rule on, exclude, or limit evidence;
rule on procedural items; and take any action permitted by the
presiding officer under DEA's hearing procedures and the APA. In
accordance with E.O. 14370 and the Attorney General's directives, it is
DEA's expectation that the ALJ will expedite proceedings in a manner
compliant with Federal law and commensurate with the gravity of the
matter.
Comments on or objections to the proposed rule submitted under 21
CFR 1308.43(g) will be offered as evidence at the hearing, but the
presiding officer shall admit only evidence that is competent,
relevant, material, and not unduly repetitive.\9\
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\9\ 21 CFR 1316.59(a).
Dated: April 22, 2026.
Todd Blanche,
Acting Attorney General.
[FR Doc. 2026-08177 Filed 4-27-26; 8:45 am]
BILLING CODE 4410-09-P
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