The written record in the federal hearing over moving marijuana from Schedule I to Schedule III is now closed. According to The Marijuana Herald, the Drug Enforcement Administration and a group of opponents filed final reply briefs dated November 5, 2026, with DEA Chief Administrative Law Judge Derek Julius. His recommendation is the next step, and no deadline has been set for it.
The replies centered on a Government Accountability Office report released September 23, 2026, which found gaps in how federal agencies document drug-scheduling procedures. The two sides read that report very differently.
What the DEA argued
In a six-page reply, the DEA argued that the GAO report should carry no weight in the decision, per the Herald’s account. The agency said opponents were rearguing issues already debated at the summer hearing and that gaps in written procedures do not undermine the Department of Health and Human Services’ scientific and medical evaluation.
The DEA also pointed out that similar documentation gaps existed in the 2016 federal marijuana review, which ended with marijuana staying in Schedule I. It contended the GAO report identified no substantive problems with the scientific and medical information presented at the hearing.
What the opponents argued
A seven-page reply was filed by the National Drug and Alcohol Screening Association, DUID Victim Voices and physician Kenneth Finn. They said the GAO report shows weaknesses in how the government built its case, especially its use of a newer two-part test for “currently accepted medical use.” They cited hearing testimony that the FDA began evaluating marijuana in late 2022, before that test was formally adopted in July 2023.
The opponents asked Judge Julius to recommend that DEA Administrator Terrance Cole reject the proposed rescheduling based on the existing record.
What the GAO report does and does not say
As described by the Herald, the GAO report recommended that the DEA and FDA adopt more comprehensive written policies for evaluating and scheduling controlled substances. It did not find the current rescheduling proposal legally invalid. That distinction matters: a recommendation to improve documentation is not a finding that the scheduling outcome is wrong.
How the hearing got here
- August 2026: Participants filed post-hearing briefs. Marijuana Moment reported that the DEA asked the judge to “expeditiously recommend” the transfer, while groups including Smart Approaches to Marijuana urged that marijuana stay in Schedule I.
- September 23: The GAO report on scheduling procedures was released.
- October 22: Judge Julius admitted the GAO report into evidence but denied the opponents’ request to reopen the hearing for more testimony and discovery. He allowed supplemental briefs due October 29 and replies due November 5.
- November 5: Reply briefs were filed, and the stay on the proceedings expired.
What happens next
Judge Julius can now issue a recommended decision. The recommendation is not binding: parties can challenge his findings, and Administrator Cole makes the final determination. There is no set timeline, so the recommendation could come at any time, though it is not guaranteed to be immediate.
Federal law has already changed in one narrower way. In April, Attorney General Todd Blanche ordered state-licensed medical cannabis and FDA-approved marijuana products moved to Schedule III, according to Marijuana Moment. This hearing concerns the broader proposal. Several lawsuits challenging the rescheduling have been consolidated by a federal appeals court.
What it means for readers
Marijuana remains a Schedule I substance for most purposes under federal law until a final rule says otherwise. Moving to Schedule III would not make marijuana federally legal for all uses, and state laws continue to govern state-licensed markets. To follow each step, see Ganjly’s marijuana rescheduling timeline tracker. For related federal developments, read about the first DEA medical marijuana dispensary registrations and where cannabis is legal in 2026.
Note: Descriptions of the November 5 briefs come from The Marijuana Herald’s reporting; Ganjly has not reviewed the filings directly. The DEA’s hearing docket is posted at dea.gov/NPRM2026.
Sources
- The Marijuana Herald: DEA and Rescheduling Opponents File Final Reply Briefs (November 6, 2026)
- Marijuana Moment: DEA and Anti-Marijuana Groups File Final Briefs (August 18, 2026)
- DEA rescheduling hearing docket
