Federal Government Makes Case for Marijuana Rescheduling as DEA Hearing Advances

In a notable development for U.S. drug policy, the Drug Enforcement Administration (DEA) is actively advocating for the reclassification of marijuana from Schedule I to Schedule III of the Controlled Substances Act, as proceedings unfold in an administrative hearing this week.

The hearing, which began on June 29, 2026, at DEA headquarters and is slated to continue through mid-July, marks the latest step in a long-running federal effort to align marijuana’s status with scientific assessments of its medical utility and abuse potential. For the first time in the agency’s history on this issue, the DEA itself is serving as the formal proponent of the proposed rule change.

Access to the proceedings has drawn criticism from advocates and media outlets. There is no livestream, video broadcast, or public audio feed available. In-person attendance is restricted to limited seating on a first-come, first-served basis, with no overflow options or recordings permitted during sessions. A full transcript is expected to be released publicly on the DEA’s website after the hearing concludes.

The DEA called two key witnesses to support its position:

• Dr. Dominic Chiapperino, Ph.D., Director of the Controlled Substance Staff at the FDA’s Center for Drug Evaluation and Research, detailed the agency’s scientific evaluation. Chiapperino addressed the FDA’s Eight-Factor Analysis, testifying that marijuana demonstrates a lower potential for abuse than substances in Schedules I and II, has a currently accepted medical use for at least one therapeutic condition, and that its abuse may lead to moderate or low physical dependence or high psychological dependence. His testimony reinforced the FDA’s prior recommendation for Schedule III placement.
• Dr. Corey Burchman, M.D., a retired board-certified anesthesiologist and pain management specialist from New Hampshire with more than 30 years of clinical experience, shared insights from patient care. Burchman described efforts at Dartmouth-Hitchcock Medical Center to transition pain patients from opioids to medical marijuana, testifying to its medical benefits in that context and its potential as a safer alternative.

The hearing includes participation from seven designated parties, all of whom have expressed opposition to the rescheduling proposal (or preferences for alternative approaches such as full descheduling). The DEA bears the burden of proof in the proceedings.

This administrative process follows the Department of Justice’s April 2026 order, which already placed FDA-approved marijuana-derived products and state-regulated medical marijuana programs into Schedule III. A final decision on broader rescheduling rests with the DEA Administrator after the hearing record is reviewed.

Industry observers are watching closely for potential implications on taxation, banking, research, and state-level cannabis markets. Proponents argue the move would reduce regulatory barriers, while critics continue to raise concerns about public health and enforcement.

Further updates are anticipated as the hearing progresses. Transcripts and official filings will provide additional detail once released.