DEA cannabis rescheduling status

Cannabis remains a Schedule I controlled substance under federal law. The DEA has not issued a final rule to reschedule it. In May 2024, the DEA published a notice of proposed rulemaking to move cannabis from Schedule I to Schedule III. That proposal is not law. The administrative process continues, with no firm date for a final decision.

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What has happened so far

  1. August 2023: HHS recommended Schedule III after a review.
  2. May 2024: DEA published the proposed rule in the Federal Register.
  3. July 2024: Public comment period closed.
  4. Late 2024 to 2025: DEA scheduled a hearing and then postponed it. No final rule exists.

What Schedule III would change

Schedule III would place cannabis in a class with moderate to low physical dependence. It would remove the Schedule I label. That label creates barriers for research and banking. A Schedule III listing would let licensed pharmacies dispense cannabis under federal law, if other rules permit. It would not make cannabis legal for recreational use.

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What would not change

State laws would still govern possession and sale. The FDA would still regulate cannabis products that make medical claims. Employers could still set drug testing policies. Interstate commerce would remain restricted unless Congress acts.

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How to track the status

  1. Check the Federal Register for a final rule.
  2. Read DEA press releases for hearing dates.
  3. Review court filings if lawsuits continue.