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DEA Argues in Favor of Moving Cannabis to Schedule III

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DEA Argues in Favor of Moving Cannabis to Schedule III

The DEA’s long-awaited administrative hearing on moving cannabis from Schedule I to Schedule III opened this week with the agency making it clear that it supports the move, Cannabis Business Times reports.

According to the report, DEA attorney James Schwartz told the court that the government would call only two witnesses, a scientist and a doctor, to support the proposed rule.

At the start of the hearings, the fact that no pro-rescheduling parties were invited prompted some advocates to question whether the agency was setting the table against its own rules, while others read it as complying with a Trump directive to move the rule quickly.

Writing in one op-ed for Marijuana Moment, Cat Packer of the Drug Policy Alliance offered a firsthand account detailing this point: her organization asked to participate as an interested party and was denied, along with requests from groups including NORML, the Marijuana Policy Project, the Cannabis Regulators of Color Coalition, the Latino Cannabis Alliance, the Law Enforcement Center for Law Advocacy, Law Prevention, the Party of Rebolli & Politics, Women and Supernova Students for Sensitive Drug Policies. Packer wrote that the seven parties the DEA has designated to participate all have one thing in common: Each of them opposes reprogramming. Access to the hearing was also limited, with no live stream, video stream or public audio feed.

DEA attorney Schwartz reportedly stressed that the hearing is not about recreational use or legalization, but rather whether cannabis has a “currently accepted medical use.” Under the CSA’s regulatory framework, if cannabis has even one accepted medical use, it cannot remain in Schedule I. The government’s first witness, FDA scientist Dominic Chiapperino, testified that his team’s review supports placing cannabis in Schedule III. A second government witness, Dr. Corey Burchman, testified about his clinical experience helping patients transition from opioids to cannabis, and discussed the relative risks of each.

The federal effort to reclassify cannabis began under the Biden administration in the year 2023 following an HHS finding, cannabis has accepted medical use for some conditions. After numerous delays, the Trump administration sped up the process with an executive order directing the agency to continue the proceedings. The hearing began on June 29 and is scheduled to run as a two-week proceeding, with testimony and cross-examination continuing through mid-July and ending no later than July 15.

Although moving cannabis to Schedule III could remove some of the financial hurdles legal cannabis brands currently face, it would not federally legalize cannabis, create a legal market, or provide any relief to people currently incarcerated for cannabis convictions. Reprogramming also won’t end federal criminalization, resolve the conflict between federal and state law, or build the comprehensive regulatory framework the country needs: Congress will have to address these questions head-on for any meaningful change to occur.

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Cannabis Legalization Bill Reintroduced in the Senate 

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Cannabis Legalization Bill Reintroduced in the Senate 

or bill federal cannabis legalization has been reintroduced in Congress, led by Democratic Senators Cory Booker (NJ), Chuck Schumer (NY) and Ron Wyden (OR). The Cannabis Stewardship and Opportunities Act would remove cannabis entirely from the Controlled Substances Act and create a Cannabis Products Center to regulate the production, labeling, distribution, sales and other elements of the cannabis industry’s production and retail.

In a statement, Booker said, if passed, the legislation would “dismantle the unjust and outdated federal prohibition of marijuana, create a federal regulatory framework to protect public health and safety, erase past convictions for low-level cannabis offenses, and provide restorative justice to communities most harmed by decades of failed drug policy.”

The measure aims to direct the Food and Drug Administration to establish labeling standards for cannabis products, including strength, dosages, servings, place of manufacture and directions for use; create programs and funding to prevent youth cannabis use; and increase funding for comprehensive treatment of opioids, stimulants, and substance use disorders.

“The over-criminalization of cannabis has destroyed many lives, disproportionately harming communities of color. Our Cannabis Stewardship and Opportunity Act is needed and would right historical wrongs by investing in safety, research, worker rights and banking access for the industry. The movement is growing and I will not stop until federal justice is achieved for the legal people. It is long past time the government caught up.” – Schumer in one press release

The proposal would maintain federal bans on trafficking cannabis in violation of state law and create a grant program to help departments combat illegal cannabis; require the Department of Transportation to create standards for cannabis-impaired driving; direct the National Highway Traffic Safety Administration to collect data on cannabis-impaired driving, create educational materials on best practices, and conduct public service advertising campaigns; and encourage states to enact bans on open containers of cannabis.

In a statement, Wyden said the “only judicial insanity” he sees “is the continued federal prohibition of cannabis.”

“Our legislation is the most comprehensive proposal on the books to end the federal ban on cannabis while keeping public health and safety front and center,” he said in the statement. “The federal government must rise to the occasion, and our bill is the way to do that.”

Additionally, the bill would transfer federal jurisdiction over cannabis to the Alcohol and Tobacco Tax and Trade Bureau; eliminating the tax code’s restriction on cannabis businesses claiming business expense deductions and implementing an excise tax on cannabis products; establishing market competition rules intended to protect independent manufacturers, wholesalers and retailers and to prevent anti-competitive behaviour.

The measure also contains provisions to encourage cannabis research, prioritize restorative and economic justice for communities and individuals most harmed by federal prohibition and the War on Drugs, and language to strengthen workers’ rights, including eliminating unnecessary pre-employment of federal employees and random drug testing for cannabis.

The proposal is co-sponsored by Senators Michael Bennet (D-CO), John Fetterman (D-PA), Kirsten Gillibrand (D-NY), John Hickenlooper (D-CO), Ben Ray Luján (D-NM), Alex Padilla (D-CA), Gary Peters (D-MI), Tina Smith (D-MN), Raphael-MAD Keyff (D-MN), Raphael-MAD (D-MA). (D-OR), Patty Murray (D-WA), Elizabeth Warren (D-MA), and Peter Welch (D-VT).

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Massachusetts Cannabis Legalization Repeal Effort Qualifies for November Ballot

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Massachusetts Cannabis Legalization Repeal Effort Qualifies for November Ballot

Massachusetts officials have confirmed that a ballot initiative seeking to overturn the state’s law legalizing adult cannabis will go before voters in November. Marijuana moment reports.

The Elections Division of the Secretary of the Commonwealth’s Office informed organizers last week that they had submitted 12,551 verified signatures during the second round of petitioning, narrowly clearing the requirement of 12,429 signatures for the Nov. 3, 2026 state election ballot. Under Massachusetts law, ballot campaigns must submit signatures in two rounds, with the Legislature given an opportunity to approve the proposed measures after the first presentation. Lawmakers declined to act on the cannabis proposal in May.

If approved by voters, the measure would repeal laws allowing regulated sales of adult-use cannabis and home cultivation, leaving the state’s legal possession and medical cannabis program intact. A coalition of cannabis business leaders, health care professionals and advocates has started a campaign opposing the proposal.

The campaign behind the repeal measure, the Coalition for a Healthy Massachusetts, previously suspended a signature gatherer after a video surfaced showing the person using fraudulent arguments while gathering signatures for the Massachusetts initiative and a similar proposal in Maine. The campaign said it has “zero tolerance” for fraudulent traffic tactics.

Cannabis advocates had opposed the Massachusetts proposal on grounds that included allegedly deceptive signature-gathering tactics, unrelated topics and an allegedly deficient official summary, but their effort was rejected by the State Voting Law Commission and the state’s Supreme Judicial Court. After last week’s decision, cannabis businesses in Massachusetts came forward another challenge until repeal.

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Wyoming Drugs Commissioner Will Not Reschedule Cannabis Under State Law Despite Federal Reforms 

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Wyoming Drugs Commissioner Will Not Reschedule Cannabis Under State Law Despite Federal Reforms 

The Wyoming Attorney General’s Office said the state will not reschedule cannabis under state law, regardless federal reforms the movement of medical cannabis from Schedule I to Schedule III under the Controlled Substances Act. In a policy statement released last week, the attorney general’s office said the state has already scheduled Food and Drug Administration (FDA)-approved pharmaceutical cannabis drugs — such as Dronabinol and Cesamet — as Schedule III and Schedule II drugs, respectively, and that Epidiolex has been completely removed from the state’s drug schedule.

The ruling states that state lawmakers have not legalized cannabis for any purpose in the state or recognized any other state’s medical cannabis licenses.

“Therefore, placing marijuana subject to a state medical marijuana license in Schedule III of the Wyoming Controlled Substances Act is inconsistent with the police powers heretofore exercised by the Wyoming Legislature. – Wyoming Attorney General’s Office, “Final Decision of the Commissioner of Drug and Substance Control Regarding the Placement of FDA-Approved Drug Products Containing Marijuana and Marijuana Under State License in Schedule III of the Wyoming Substances Act,” 7/7/26

The announcement adds that during a hearing in June regarding potential state rescheduling of cannabis, eight comments were received from the Drug and Substance Abuse Commissioner. Comments were evenly split between maintaining the status quo and rescheduling cannabis in Schedule III.

The order states that the commissioner “shall appropriately schedule products approved by the (FDA) after that agency has approved the product.”

Ganjapreneur: Providing everyday knowledge since 2014, the leading digital business magazine for cannabis industry professionals. to join our community of over 40,000 cannabis entrepreneurs.

TG joined Ganjapreneur in 2014 as a news writer and began hosting the Ganjapreneur podcast in 2016. He is based in upstate New York, where he also teaches media at a local university.

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