# 91 FR 22778: Schedules of Controlled Substances: Rescheduling of Marijuana; Withdrawal > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2026-08178 ## Section - **Citation:** 91 FR 22778 - **Heading:** Schedules of Controlled Substances: Rescheduling of Marijuana; Withdrawal - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Federal Register / Vol. 91 / 91 FR 22778 ## Text DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Part 1301 [Docket No. DEA-1362; Attorney General Order No. 6752-2026] Schedules of Controlled Substances: Rescheduling of Marijuana; Withdrawal AGENCY: Drug Enforcement Administration, Department of Justice. ACTION: Notice of hearing on proposed rulemaking; withdrawal. SUMMARY: The Department of Justice published a notice of proposed rulemaking in the Federal Register on May 21, 2024, which proposed to transfer marijuana from schedule I of the Controlled Substances Act to schedule III. The Drug Enforcement Administration (“DEA”) published a notice of hearing on the proposed rule in the Federal Register on August 29, 2024. Upon further review, DEA is withdrawing the notice of hearing and terminating the pending hearing proceedings. As directed by Executive Order 14370, DEA has determined that the most expeditious manner of completing the rulemaking process in accordance with Federal law is to terminate the pending hearing proceedings and initiate new hearing proceedings. DEA is publishing a new notice of hearing elsewhere in this issue of the Federal Register . DATES: As of April 28, 2026, the notice of hearing on the proposed rule that was published in the Federal Register on August 29, 2024 (89 FR 70148), is withdrawn, and all hearing proceedings related thereto are terminated. ADDRESSES: 8701 Morrissette Drive, Springfield, Virginia 22152. FOR FURTHER INFORMATION CONTACT: Drug and Chemical Evaluation Section, Diversion Control Division, Drug Enforcement Administration; Telephone: (571) 362-3249. Email: nprm@dea.gov. SUPPLEMENTARY INFORMATION: On May 21, 2024, the Department of Justice published a notice of proposed rulemaking (“NPRM”) in the Federal Register , which proposed to transfer marijuana from schedule I of the Controlled Substances Act to schedule III pursuant to the procedures defined in 21 U.S.C. 811(a) vision, Drug Enforcement Administration; Telephone: (571) 362-3249. Email: nprm@dea.gov. SUPPLEMENTARY INFORMATION: On May 21, 2024, the Department of Justice published a notice of proposed rulemaking (“NPRM”) in the Federal Register , which proposed to transfer marijuana from schedule I of the Controlled Substances Act to schedule III pursuant to the procedures defined in 21 U.S.C. 811(a). 1 Interested persons were invited to participate in the rulemaking effort by submitting written comments on the proposal or by requesting a hearing. 2 1 Schedules of Controlled Substances: Rescheduling of Marijuana, 89 FR 44597 (May 21, 2024). 2 Id. at 44598-99. In response to the NPRM, DEA received numerous comments and requests for hearing from interested persons. DEA scheduled a hearing on the NPRM and published a notice to that effect in the Federal Register on August 29, 2024. 3 The Federal Register notice announced that the hearing would commence on December 2, 2024. 4 The then-Administrator of DEA designated an administrative law judge 5 In short, the presiding ALJ indelibly imprinted the proceedings. On January 13, 2025, the presiding ALJ issued an order, staying the hearing proceedings pending resolution of an interlocutory appeal filed by two parties to the proceedings. The proceedings remain stayed to this day. In the intervening period, the presiding ALJ retired from Federal service. 3 Schedules of Controlled Substances: Rescheduling of Marijuana, 89 FR 70148 (Aug. 29, 2024). After considering more than 160 individuals and entities that requested to participate in that hearing, the then-DEA Administrator designated 25 persons and entities (in addition to the Federal Government) permitted to give live testimony, present argument, and conduct cross-examination as part of the hearing. As of Nov. 19, 2024, five of the 25 participants had either withdrawn their requests to participate, signaled their intent to waive participation, or failed to respond to the tribunal's orders en-Administrator to participate in the hearing, requiring each selected participant to assert again their interest in the proceeding. The presiding ALJ then ruled that certain interested persons selected by the Administrator “may not independently continue to participate” in the proceedings because they did not demonstrate standing. 5 In short, the presiding ALJ indelibly imprinted the proceedings. On January 13, 2025, the presiding ALJ issued an order, staying the hearing proceedings pending resolution of an interlocutory appeal filed by two parties to the proceedings. The proceedings remain stayed to this day. In the intervening period, the presiding ALJ retired from Federal service. 3 Schedules of Controlled Substances: Rescheduling of Marijuana, 89 FR 70148 (Aug. 29, 2024). After considering more than 160 individuals and entities that requested to participate in that hearing, the then-DEA Administrator designated 25 persons and entities (in addition to the Federal Government) permitted to give live testimony, present argument, and conduct cross-examination as part of the hearing. As of Nov. 19, 2024, five of the 25 participants had either withdrawn their requests to participate, signaled their intent to waive participation, or failed to respond to the tribunal's orders. Order Regarding Standing, Scope, and Prehearing Procedures, DEA Docket No. 1362, Hearing Docket No. 24-44 (Nov. 19, 2024). 4 89 FR 70148. 5 Order Regarding Standing, Scope, and Prehearing Procedures (Nov. 19, 2024). On December 18, 2025, President Trump issued Executive Order (E.O.) 14370, entitled “Increasing Medical Marijuana and Cannabidiol Research,” which directs 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.” 6 To comply with the directive in E.O. 14370, the Administrative Procedure Act (5 U.S.C. 551-559), the CSA (21 U.S.C. 811 et seq ## Nearby sections - [91 FR 205 Airworthiness Directives; General Atomics AeroTec Systems GmbH (Type Certificate Previously Held by RUAG Aerospace Services GmbH) Airplanes](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2025-24233.md) - [91 FR 457 Airworthiness Directives; Gulfstream Aerospace LP Airplanes](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2026-00119.md) - [91 FR 633 Special Conditions: ZeroAvia, Inc. 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