Proposed Rule2026-08178
Schedules of Controlled Substances: Rescheduling of Marijuana; Withdrawal
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
The Department of Justice published a notice of proposed rulemaking in the Federal Register on May 21, 2024, which proposed to transfer marijuana from schedule I of the Controlled Substances Act to schedule III. The Drug Enforcement Administration ("DEA") published a notice of hearing on the proposed rule in the Federal Register on August 29, 2024. Upon further review, DEA is withdrawing the notice of hearing and terminating the pending hearing proceedings. As directed by Executive Order 14370, DEA has determined that the most expeditious manner of completing the rulemaking process in accordance with Federal law is to terminate the pending hearing proceedings and initiate new hearing proceedings. DEA is publishing a new notice of hearing elsewhere in this issue of the Federal Register.
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 22778-22779]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08178]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1301
[Docket No. DEA-1362; Attorney General Order No. 6752-2026]
Schedules of Controlled Substances: Rescheduling of Marijuana;
Withdrawal
AGENCY: Drug Enforcement Administration, Department of Justice.
ACTION: Notice of hearing on proposed rulemaking; withdrawal.
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SUMMARY: The Department of Justice published a notice of proposed
rulemaking in the Federal Register on May 21, 2024, which proposed to
transfer marijuana from schedule I of the Controlled Substances Act to
schedule III. The Drug Enforcement Administration (``DEA'') published a
notice of hearing on the proposed rule in the Federal Register on
August 29, 2024. Upon further review, DEA is withdrawing the notice of
hearing and terminating the pending hearing proceedings. As directed by
Executive Order 14370, DEA has determined that the most expeditious
manner of completing the rulemaking process in accordance with Federal
law is to terminate the pending hearing proceedings and initiate new
hearing proceedings. DEA is publishing a new notice of hearing
elsewhere in this issue of the Federal Register.
DATES: As of April 28, 2026, the notice of hearing on the proposed rule
that was published in the Federal Register on August 29, 2024 (89 FR
70148), is withdrawn, and all hearing proceedings related thereto are
terminated.
ADDRESSES: 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#86e8f6f4ebc6e2e3e7a8e1e9f0"><span class="__cf_email__" data-cfemail="fa948a8897ba9e9f9bd49d958c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On May 21, 2024, the Department of Justice
published a notice of proposed rulemaking (``NPRM'') in the Federal
Register, which proposed to transfer marijuana from schedule I of the
Controlled Substances Act to schedule III pursuant to the procedures
defined in 21 U.S.C. 811(a).\1\ Interested persons were invited to
participate in the rulemaking effort by submitting written comments on
the proposal or by requesting a hearing.\2\
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\1\ Schedules of Controlled Substances: Rescheduling of
Marijuana, 89 FR 44597 (May 21, 2024).
\2\ Id. at 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.\3\ The Federal Register notice announced
that the hearing would commence on December 2, 2024.\4\ The then-
Administrator of DEA designated an administrative law judge
[[Page 22779]]
(``ALJ'') to preside over the hearing. The presiding ALJ conducted
significant prehearing activity, including holding a preliminary
hearing, ruling on motions, ordering and receiving prehearing
statements, and issuing a comprehensive and detailed hearing schedule
delimiting the permissible number of witnesses and the timing of
presentations. The presiding ALJ also independently reviewed the
``standing'' of all interested persons that had been selected by the
then-Administrator to participate in the hearing, requiring each
selected participant to assert again their interest in the proceeding.
The presiding ALJ then ruled that certain interested persons selected
by the Administrator ``may not independently continue to participate''
in the proceedings because they did not demonstrate standing.\5\ In
short, the presiding ALJ indelibly imprinted the proceedings. On
January 13, 2025, the presiding ALJ issued an order, staying the
hearing proceedings pending resolution of an interlocutory appeal filed
by two parties to the proceedings. The proceedings remain stayed to
this day. In the intervening period, the presiding ALJ retired from
Federal service.
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\3\ 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) 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).
\4\ 89 FR 70148.
\5\ Order Regarding Standing, Scope, and Prehearing Procedures
(Nov. 19, 2024).
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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, the Administrative Procedure Act (5
U.S.C. 551-559), the CSA (21 U.S.C. 811 et seq.), and DEA regulations,
and to best ensure fairness and transparency, DEA has determined that
the most expeditious manner of completing the rulemaking process is to
terminate the hearing that was initiated pursuant to the August 29,
2024, Federal Register notice and to initiate new hearing proceedings.
DEA has concluded that a new hearing is likely to result in a more
expeditious conclusion to the rulemaking process, even in light of the
time required to publish this notice, receive notices of intention to
participate from interested persons, assess such notices, and assign a
DEA ALJ to preside over the proceedings. 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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DEA, therefore, withdraws the notice of hearing. The hearing on the
proposed rule is cancelled, and all proceedings related thereto are
hereby terminated. DEA is publishing a new notice of hearing elsewhere
in this issue of the Federal Register.
Dated: April 22, 2026.
Todd Blanche,
Acting Attorney General.
[FR Doc. 2026-08178 Filed 4-27-26; 8:45 am]
BILLING CODE 4410-09-P
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