Introduction to Rescheduling of Marijuana
I’ve had time to thoroughly review the executive order and examine the 2024 Notice of Proposed Rulemaking (NPRM) regarding the rescheduling of marijuana from Schedule I to Schedule III. This post will start with a short timeline of the attempts to reschedule marijuana, then I will dive into why this is not as great as everyone thinks.
Marijuana Federal Scheduling Timeline
1970 – Controlled Substances Act (CSA) Enacted
Congress passed the CSA, placing marijuana in Schedule I—reserved for substances with high abuse potential, no accepted medical use, and lack of safety under medical supervision. [congress.gov], [dea.gov]
1972 – NORML’s Initial Rescheduling of Marijuana Petition
The National Organization for the Reform of Marijuana Laws (NORML) submitted the first petition to remove marijuana from Schedule I or reclassify it to Schedule V.
1977–1986 – Delayed DEA Review
Although NORML’s petition was filed in 1972, DEA did not open formal review until around 1986.
1989 – DEA Denies Rescheduling of Marijuana to Schedule II
Following the administrative hearing based on the 1975 “Young Commission” recommendation, DEA Administrator John Lawn rejected the petition, maintaining marijuana in Schedule I.
1995, 2001, 2011 – Additional Petitions
Further rescheduling petitions by Dr. Jon Gettman (1995), the Institute of Medicine (2001), and Governors Gregoire (WA) and Chafee (RI) (2011) were all denied by DEA.
2016 – Last Federal Denial Pre-2023
DEA, backed by HHS, reaffirmed marijuana’s Schedule I status, citing high abuse potential, no accepted medical use, and unsafe medical supervision. [moritzlaw.osu.edu], [dea.gov]
2018 – Hemp vs. Marijuana Separated
The 2018 Farm Bill excluded hemp (≤ 0.3% THC) from the definition of marijuana, thereby removing it from Schedule I.
Aug 29, 2023 – HHS Recommends Rescheduling
HHS issued a formal recommendatiohttps://sbrinksconsulting.com/document/hhs-2023-rescheduling-marijuana-medical-use-safety/n to DEA, stating marijuana should move to Schedule III due to lower abuse potential, accepted medical use, and reduced dependence liability.
May 21, 2024 – DEA Opens NPRM
DEA published its Notice of Proposed Rulemaking (NPRM) in the Federal Register to reschedule marijuana to Schedule III. The comment period closed July 22, 2024, with hearings allowed until June 20, 2024. [federalregister.gov], [dea.gov], [jdsupra.com]
Aug 29, 2024 – DEA Hearing Notice
DEA announced a hearing to review comments on the NPRM. [federalregister.gov], [dea.gov]
January 21, 2025 – Hearing Postponed
According to an official DEA statement, the hearing initially scheduled for January 21, 2025 was postponed due to an interlocutory appeal filed by a party involved in the proceedings. [dea.gov]
Dec 18, 2025 – Executive Order to Expedite Rescheduling
President Trump issued an executive order directing DOJ to accelerate the completion of rescheduling marijuana to Schedule III—including research facilitation, banking access, and tax relief.
What the Executive Order Actually Does
Contrary to popular belief, the order does not itself reclassify marijuana. Instead, it directs the DEA to fast-track publication of the final rule.
Key Considerations for Marijuana Supporters
Marijuana advocates should take a closer look; this may not unfold as it appears at first glance.
1. States Cannot Set a Lower Schedule
- If marijuana is placed in Schedule III federally, states will be barred from assigning it to a less-restrictive category.
- As a result, recreational marijuana could once again become illegal, particularly in states that currently allow it.
2. Dispensary Compliance and DEA Registration
- Under a Schedule III classification, all dispensaries would need DEA registration and operate under prescription-only frameworks.
- However, DEA registrants are limited to dispensing FDA-approved drugs.
- Since marijuana is not yet FDA-approved, this raises the question: What exactly would these dispensaries be permitted to dispense?
3. Market Shift Toward Pharma & Rising Costs
- This rescheduling may shut down current dispensaries and pave the way for big pharmaceutical companies to dominate distribution.
- With more controlled access and prescription-only models, prices could skyrocket.
4. International Treaty Compliance
- U.S. obligations under international drug treaties require a single federal agency to manage all distribution of marijuana.
- Essentially, this could mean buying marijuana exclusively through the DEA, a system already used for research supply.
- For more details on how federal distribution is handled, see the “Marijuana Growers Final Rule.”
Reference Documents
- Notice of Proposed Rulemaking (published May 21, 2024) The DEA proposes transferring marijuana from Schedule I to Schedule III.
- Controls To Enhance the Cultivation of Marihuana for Research in the United States (published December 2020) The DEA’s final rule, effective January 19, 2021, modifies 21 CFR parts 1301 and 1318 to simplify the process by which individuals and institutions can register as bulk manufacturers of marijuana for legitimate research and other lawful purposes, while ensuring compliance with the Controlled Substances Act and international treaty obligations.
Final Thoughts
There’s much more to consider than the headline suggests. This shift could dismantle current dispensary models, transfer control to pharmaceutical channels, trigger price spikes, and force federal-level distribution, even federally mandated sales through the DEA.
I haven’t shared a personal stance on what should happen with marijuana. My goal is to encourage supporters to scrutinize the politics and practical implications of this rule.
Reach out Brinks DEA Consulting is here for you!
Brinks DEA Consulting specializes in helping DEA registrants maintain full compliance with all applicable DEA regulations. Our team of experienced professionals provides guidance and support to ensure your operations meet regulatory standards. If you are interested in discussing the implications and processes surrounding the potential rescheduling of marijuana, we invite you to contact Brinks DEA Consulting for expert insight and consultation.