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Policy & Law

DEA Begins Hearings on Rescheduling Marijuana as Supporters See Medical Progress, Critics Warn of Political Pressure

The agency weighs moving cannabis from Schedule I to Schedule III while researchers debate whether crude marijuana meets FDA standards for medicine.

⚡ The Bottom Line

The DEA hearings will determine whether the agency finds sufficient evidence that crude cannabis has a currently accepted medical use under federal law. The outcome could reshape how banks handle cannabis business accounts, how the IRS applies tax provisions specific to drug traffickers, and how physicians discuss marijuana with patients. What remains contested is what constitutes acceptable ev...

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The Drug Enforcement Administration has begun formal hearings on a proposal to move marijuana from Schedule I to Schedule III of the Controlled Substances Act, a change that would represent a significant shift in federal drug policy. If approved, the reclassification would acknowledge cannabis as having a currently accepted medical use, affecting how the substance is regulated across all 50 states.

The hearing process comes after President Trump signed an executive order directing the attorney general to complete the Schedule III rulemaking 'in the most expeditious manner' permitted by law. The order was titled Increasing Medical Marijuana and Cannabidiol Research, reflecting ongoing debate about whether crude cannabis meets scientific standards for medical classification.

What the Left Is Saying

Supporters of rescheduling argue that the change is long overdue and would improve patient access to treatment options. The National Organization for the Reform of Marijuana Laws has argued that Schedule I classification has created unnecessary barriers for patients who could benefit from cannabis therapy, particularly those dealing with chronic pain, epilepsy, or chemotherapy side effects.

Senator John Hickenlooper of Colorado said in a statement that 'millions of Americans already use medical marijuana under state programs, and it's time our federal laws caught up with this reality.' The senator pointed to data from the National Conference of State Legislatures showing that 38 states have comprehensive medical marijuana programs as evidence of widespread medical acceptance.

The American Civil Liberties Union has also advocated for reclassification, arguing that current restrictions impede both patient care and scientific advancement. 'For too long, prohibition-style scheduling has limited what treatments doctors can recommend and what research scientists can conduct,' the organization stated in a 2025 policy brief.

Medical marijuana advocates contend that requiring patients to obtain state-by-state certifications creates uneven access depending on where someone lives, and federal recognition through Schedule III would standardize treatment options nationwide.

What the Right Is Saying

Critics of the rescheduling proposal argue that moving marijuana to Schedule III before completing rigorous FDA clinical trials puts politics ahead of scientific standards. Dr. Russell Kamer, a Clinical Associate Professor of Medicine at New York Medical College and board member of the International Academy on the Science and Impact of Cannabis, wrote in The Hill that drugs become medicines by demonstrating safety, efficacy, manufacturing consistency, known dosing, and an acceptable risk-benefit profile through rigorous evaluation.

'The marijuana sold as medicine in state-legal dispensaries meets none of these criteria,' Dr. Kamer wrote. He pointed to FDA approval of three purified cannabinoid medications as evidence that the agency already recognizes medical applications while distinguishing them from crude cannabis products.

Representative Buddy Carter of Georgia, who serves on the House Energy and Commerce Committee, said through a spokesperson that 'being legal in some states does not make something medicine by federal scientific standards.' The congressman has supported bills to increase cannabis research capacity without preemptively reclassifying the substance.

The American Medical Association has maintained cautious positions, noting in policy statements that 'further research is needed' while expressing concern that rescheduling could be perceived as medical validation before sufficient clinical data exists. The organization supports removing research barriers but has not endorsed Schedule III classification based on state program existence alone.

What the Numbers Show

According to data from Colorado's Department of Public Health and Environment, where such records are publicly maintained, only 0.1 percent of healthcare practitioners with prescribing authority in the state was responsible for more than 70 percent of all medical marijuana certifications between 2023 and 2025. Approximately 98 percent of eligible practitioners issued no marijuana certifications during that period.

The National Institutes of Health PubMed database indexes more than 53,000 cannabis-related scientific publications, with approximately 4,000 new papers appearing annually in recent years, indicating substantial ongoing research activity despite Schedule I restrictions.

Data from the Adolescent Brain Cognitive Development Study, which has tracked more than 11,000 participants since 2015, showed reduced acquisition of memory, attention and thinking skills in teenage cannabis users compared to non-users. THC concentrations in marijuana products have increased significantly over past decades, with average potency rising from approximately 4 percent in the 1990s to current levels that industry analysts estimate at 15-25 percent for many retail products.

State-legal dispensaries generated an estimated $18 billion in total U.S. sales during 2025, according to cannabis market research firm BDSA, with medical marijuana accounting for approximately 45 percent of transactions in states where both recreational and medical sales occur.

The Bottom Line

The DEA hearings will determine whether the agency finds sufficient evidence that crude cannabis has a currently accepted medical use under federal law. The outcome could reshape how banks handle cannabis business accounts, how the IRS applies tax provisions specific to drug traffickers, and how physicians discuss marijuana with patients.

What remains contested is what constitutes acceptable evidence for medical classification. Supporters argue state program success stories and patient testimonials demonstrate benefit, while critics maintain that only randomized controlled trials meeting FDA standards should precede Schedule III placement.

The hearings are expected to continue through the summer, with a final agency decision anticipated later in 2026. Both sides of the debate have pledged to submit extensive scientific testimony as the process unfolds.

Sources