DEA Resets Marijuana Rescheduling Hearings, Restarting Path to Schedule III Under Executive Order

What this means for your practice

For telehealth brands, medspas, and other healthcare operators, this development signals that marijuana rescheduling to Schedule III remains an active federal priority — but the timeline is being reset, not abandoned. Businesses should not interpret the hearing withdrawal as a reversal of the underlying rescheduling proposal; the NPRM from May 2024 remains on the table. Operators who have been anticipating Schedule III status — which would open pathways for legitimate prescribing, insurance reimbursement discussions, and reduced research restrictions — should maintain their compliance posture and monitor DEA's new hearing proceedings closely. Cannabis-adjacent telehealth services, CBD-focused medspas, and any practice exploring cannabinoid therapies should ensure their legal and compliance teams are tracking the new hearing schedule as it is published. Do not make operational or formulary changes based on anticipated rescheduling until a final rule is issued.

DEA Withdraws Marijuana Rescheduling Hearing, Launches Fresh Proceedings Under Trump Executive Order

Published: April 28, 2026 | Source: DEA / Federal Register (Docket No. DEA-1362)

What Happened

On April 28, 2026, the Drug Enforcement Administration (DEA) formally withdrew its August 29, 2024 notice of hearing on the proposed rule to reschedule marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA). All hearing proceedings associated with that notice — including substantial prehearing activity conducted by an administrative law judge (ALJ) — have been officially terminated.

This action does not withdraw or cancel the underlying Notice of Proposed Rulemaking (NPRM), which was originally published on May 21, 2024 (89 FR 44597). The proposal to move marijuana to Schedule III under 21 U.S.C. § 811(a) remains active. DEA is restarting the hearing process, publishing a new notice of hearing in the same April 28, 2026 Federal Register issue.

Background: A Complex Procedural History

The rescheduling proposal has had a prolonged and complicated administrative journey:

• May 21, 2024: DOJ/DEA published the NPRM proposing to transfer marijuana to Schedule III (89 FR 44597).
• August 29, 2024: DEA published a notice of hearing, scheduling proceedings to commence on December 2, 2024 (89 FR 70148).
• Pre-hearing activity: A designated ALJ conducted extensive pre-hearing proceedings, including a preliminary hearing, motions rulings, prehearing statements, and a detailed hearing schedule. Critically, the ALJ independently reviewed the standing of selected participants and ruled that certain interested persons selected by the then-Administrator could not independently continue to participate due to failure to demonstrate standing.
• January 13, 2025: The presiding ALJ stayed the hearing proceedings pending resolution of an interlocutory appeal filed by two parties. Those proceedings remained stayed through the date of this withdrawal notice.
• Post-stay: The presiding ALJ retired from federal service, leaving the stayed proceedings without a presiding officer.

The Executive Order That Changed the Trajectory

On December 18, 2025, President Trump issued Executive Order 14370, titled *"Increasing Medical Marijuana and Cannabidiol Research."* The order directed the Attorney General to:

> *"take all necessary steps to complete the rulemaking process related to rescheduling marijuana to Schedule III of the CSA in the most expeditious manner in accordance with Federal law, including 21 U.S.C. 811."*

This executive directive gave DEA its mandate to act. Rather than attempting to revive the stayed, legally complicated proceedings — which had been imprinted by the retired ALJ's rulings on standing and other substantive matters — DEA determined that starting fresh with new hearing proceedings would be the faster path to completion, even accounting for the time needed to publish the new notice, receive notices of intention to participate, assess them, and assign a new DEA ALJ.

The April 28, 2026 withdrawal was signed by Todd Blanche, Acting Attorney General.

What This Action Does and Does NOT Mean

This action DOES: - Terminate the August 2024 hearing notice and all related proceedings - Reset the hearing process under fresh procedural footing - Signal continued executive branch commitment to completing Schedule III rescheduling - Initiate new hearing proceedings (published concurrently in the same Federal Register issue)

This action does NOT: - Withdraw or rescind the underlying May 2024 NPRM proposing Schedule III transfer - Signal that rescheduling has been abandoned or reversed - Change current law — marijuana remains Schedule I until a final rule is issued and takes effect - Alter current DEA enforcement posture regarding marijuana

Implications for Healthcare and Telehealth Operators

#### Telehealth Platforms Telehealth companies operating in states with medical or recreational cannabis programs should understand that federal scheduling status remains unchanged. Prescribing marijuana or recommending it across state lines via telehealth continues to carry significant federal legal risk. Monitor the new hearing proceedings, but do not adjust clinical protocols based on anticipated outcomes.

#### Medspas and Wellness Clinics Operators offering CBD-based treatments, cannabinoid therapies, or considering expanding into cannabis-adjacent services should be aware that Schedule III rescheduling would materially change the federal regulatory environment — including potential pathways for research, prescribing, and product development. However, that change requires a final rule, not just a pending NPRM.

#### Dental and Chiropractic Practices Practices exploring cannabinoid-based pain management products should note that DEA's recommitment to the rescheduling process is a positive signal, but the procedural reset means additional time before any final determination. Maintain current compliance standards.

#### Multi-State Healthcare Operators Companies operating across multiple states face a patchwork of state cannabis laws regardless of federal scheduling. Rescheduling to Schedule III would not preempt state law but would remove marijuana from the most restrictive federal category. Legal and compliance teams should prepare scenario analyses for both a Schedule III final rule outcome and a continued Schedule I environment.

Key Regulatory Citations

• Controlled Substances Act: 21 U.S.C. § 811(a) — Scheduling authority and procedures
• Administrative Procedure Act: 5 U.S.C. §§ 551–559 — Rulemaking procedural requirements
• Original NPRM: 89 FR 44597 (May 21, 2024)
• Original Hearing Notice: 89 FR 70148 (August 29, 2024)
• Executive Order 14370: *Increasing Medical Marijuana and Cannabidiol Research* (December 18, 2025)
• This Action: Docket No. DEA-1362; Attorney General Order No. 6752-2026 (April 28, 2026)

What To Watch Next

DEA has committed to accelerating the rulemaking process from this point forward. The new notice of hearing published April 28, 2026 will set the procedural timeline for the reset proceedings. Healthcare operators and their compliance teams should:

1. Track the new hearing schedule as DEA assigns a new ALJ and processes notices of intention to participate 2. Avoid operational changes premised on rescheduling until a final rule is published and effective 3. Review state-level cannabis regulations that govern your practice independently of federal scheduling 4. Consult healthcare regulatory counsel if your business model intersects with cannabis or cannabinoid product offerings

The direction of travel remains toward Schedule III — but the road has been reset, and the destination is not yet reached.

Source: DEA — Proposed Rule: Schedules of Controlled Substances: Rescheduling of Marijuana; Withdrawal · 2026-04-28