DEA Position on Cannabis: Recent News and Schedule Status

The Drug Enforcement Administration still lists cannabis as a Schedule I controlled substance. A proposed rule to move it to Schedule III is not final. DEA hearings on that rule were postponed twice. No order has been issued.

dea marijuana schedule change news

Current DEA position

Cannabis sits in Schedule I of the Controlled Substances Act, 21 U.S.C. 812. Schedule I means the DEA finds no accepted medical use and a high potential for abuse. Heroin and LSD sit in the same schedule.

dea cannabis regulation changes

The DEA published a notice of proposed rulemaking on May 21, 2024, titled "Schedules of Controlled Substances: Rescheduling of Marijuana." The text ran in the Federal Register at 89 FR 44597. It proposes Schedule III. Schedule III covers drugs with moderate to low physical dependence risk, such as ketamine and anabolic steroids.

read more

The Department of Health and Human Services reviewed cannabis at the request of the DEA. HHS recommended Schedule III in August 2023. The DEA then opened the rulemaking.

The public comment period closed July 22, 2024. The docket drew more than 40,000 comments.

Hearings

DEA Administrative Law Judge John J. Mulrooney II set a hearing for December 2, 2024. It was postponed. A later date was also postponed. The docket holds no confirmed hearing date. Parties filed pre-hearing statements and witness lists. The judge decides if a recommended decision goes to the DEA Administrator.

What rescheduling would change

• Federal penalties would drop. Schedule III carries lower statutory maximums than Schedule I.
• Cannabis would stay controlled. Manufacturers and distributors would need a DEA registration. Records, quotas, and security rules apply.
• Tax code 280E would no longer bar standard business deductions. The limit applies to Schedule I and Schedule II substances.
• Recreational use stays illegal under federal law. The DOJ said the proposal does not legalize marijuana.

Enforcement

DEA special agents enforce the CSA in all 50 states. State legalization is not a defense in federal court. The Rohrabacher-Farr appropriations rider blocks the DOJ from spending funds to stop states from carrying out their medical cannabis laws. Congress has renewed the rider each year since 2014. It does not cover recreational programs.

On hemp: the 2018 Farm Bill removed hemp from the CSA. Hemp is cannabis with 0.3% or less delta-9 THC on a dry weight basis. The DEA has said THC made by synthesis outside the plant remains a Schedule I controlled substance. Federal courts have split on hemp-derived delta-8 THC products. The Ninth Circuit ruled in 2023 that such products are legal under the Farm Bill. The DEA position has not changed to match.

Research

Researchers who handle Schedule I cannabis need a DEA registration. The DEA sets an aggregate production quota each year for cannabis grown for studies. The agency has approved additional cultivators since 2021, which widened supply beyond the University of Mississippi.

What to watch

Three outcomes are possible: a final rule moving cannabis to Schedule III, a withdrawal of the proposal, or a long docket. The Federal Register holds the official record. State programs remain in place under all three outcomes.

Unknowns

The hearing date is not set. The DEA has not said when the Administrator will rule. Claims about a final decision by a set date are not supported by the docket.