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DEA Begins Hearing on Rescheduling Cannabis as DOJ’s Medical Reclassification Remains In Effect

Limited testimony, pending court challenges, missing agency guidance leave businesses and employers uncertain about tax, safety, banking rules

Overview

  • The Justice Department’s April 23 order reclassified state medical marijuana programs and FDA-approved cannabis medicines from Schedule I to Schedule III and it took effect immediately.
  • The DEA opened a public hearing on June 29 to consider broader rescheduling of cannabis from Schedule I to Schedule III, with the sessions running through July 15.
  • Because the DEA originated the proposal, the agency is the hearing proponent and has allowed only witnesses who oppose rescheduling to testify, a decision that reform advocates say limits the record.
  • Key practical matters remain unresolved because the IRS, DOT, banking regulators, and other agencies have not issued full guidance on tax treatment, workplace testing, safety-sensitive rules, or banking access.
  • The reclassification is already changing behavior—companies have amended tax filings and industry groups are watching closely—but legal challenges from Nebraska and Indiana argue the DOJ bypassed required rulemaking and could upend the change in court.