DEA Postpones Cannabis Rescheduling Hearings

The Drug Enforcement Administration (DEA) has officially postponed its formal hearings on rescheduling cannabis from Schedule I to Schedule III, originally set for January 21, 2025. This delay stems from procedural appeals that must be resolved before the administrative review process can continue. With over 43,000 public comments submitted during the review period, the rescheduling process now potentially extends into late 2025, marking another chapter in the ongoing regulatory evolution of cannabis policy.

Background on Cannabis Scheduling

Cannabis currently remains classified as a Schedule I controlled substance under federal law, a category reserved for drugs with "no currently accepted medical use and a high potential for abuse." This classification, established in 1970, places cannabis alongside substances such as heroin and LSD, despite 38 states now permitting medical cannabis use and 24 states allowing adult recreational use as of May 2025.

The proposed rescheduling to Schedule III would recognize cannabis as having "a currently accepted medical use in treatment in the United States" and "moderate to low physical dependence or high psychological dependence." This significant regulatory shift follows the Department of Health and Human Services' scientific review completed in 2023, which recommended the rescheduling based on medical evidence and risk assessment.

Procedural Appeals Causing Delay

According to the January 2025 announcement from DEA.gov, several procedural appeals have been filed challenging aspects of the administrative review process. These appeals primarily question the methodology and scope of evidence being considered in the hearings.

"The Administrative Law Judge has determined that these appeals must be resolved before formal hearings can proceed," the DEA statement indicates. "This procedural step, while extending the timeline, ensures all relevant perspectives are properly considered within the established regulatory framework."

The DEA has not specified which organizations filed the appeals, though industry analysts note they likely originate from both cannabis advocacy groups seeking more comprehensive reform and organizations opposing any rescheduling action.

Public Engagement in the Process

The unprecedented volume of public comments—over 43,000 submissions during the review period—demonstrates the significant public interest in cannabis policy reform. The DEA is legally required to review and consider these comments as part of its decision-making process.

These submissions represent diverse perspectives from medical professionals, researchers, industry stakeholders, patients, and advocacy organizations. Many comments cite peer-reviewed research on cannabis's medical applications, while others focus on potential economic and social justice impacts of rescheduling.

The DEA has committed to a "thorough and transparent review" of all submitted comments, though this comprehensive analysis contributes to the extended timeline.

Timeline Implications

With formal hearings now postponed indefinitely pending resolution of the procedural appeals, the administrative law judge process is expected to extend well into 2025. Industry experts project that a final determination may not be reached until Q4 2025 at the earliest.

The rescheduling process follows a legally mandated sequence:

1. Resolution of procedural appeals (current stage)

2. Formal administrative hearings with expert testimony

3. Administrative Law Judge recommendation

4. Final determination by the DEA Administrator

5. Implementation period if rescheduling is approved

Each stage includes mandatory review periods and potential additional appeals, creating a deliberately measured process designed to withstand legal challenges.

Implications for Stakeholders

This postponement affects various stakeholders across the cannabis ecosystem:

Medical patients continue operating under the patchwork of state regulations while awaiting potential federal recognition of cannabis's medical applications. Access issues persist for patients in non-legal states.

Researchers face ongoing challenges conducting clinical trials under Schedule I restrictions, potentially delaying development of standardized cannabis-based treatments.

Industry businesses must continue navigating complex banking, taxation, and interstate commerce barriers that would be partially alleviated by rescheduling.

Investors now face extended regulatory uncertainty, though many market analysts view rescheduling as increasingly inevitable despite procedural delays.

Current Status and Next Steps

The DEA has not announced a revised timeline for the hearings, stating only that "proceedings will resume promptly following resolution of pending appeals." The agency maintains that the scientific review process continues uninterrupted despite the hearing postponement.

Stakeholders can monitor the Federal Register and DEA.gov for official updates on the appeals process and rescheduling timeline. The administrative process, while deliberate, represents significant progress in the federal government's evolving approach to cannabis regulation—a shift reflecting growing scientific consensus and changing public attitudes toward cannabis policy reform.