The U.S. Drug Enforcement Administration published the transcript of its marijuana rescheduling hearing, a 2,533-page record covering 11 days of testimony that concluded July 15.
The transcript’s release moves the process closer to a decision on rescheduling.
DEA Chief Administrative Law Judge Derek Julius, who presided over the proceedings, will issue a recommendation about whether marijuana should move from Schedule 1 to Schedule 3 of the Controlled Substances Act.
Why did DEA recommend moving marijuana to Schedule 3?
During the hearing, DEA attorney James Schwartz argued that marijuana no longer belongs in Schedule 1 because it has accepted medical use.
“The proposed rule, the supporting documents and the government witnesses will establish that marijuana has a currently accepted medical use,” Schwartz said. “With that determination, marijuana can no longer remain in Schedule 1.”
Schwartz pointed to more than 30,000 medical practitioners treating over 6 million patients across 43 jurisdictions. Those numbers, he said, show marijuana meets the standard for accepted safety under medical supervision.
The DEA asked Julius to recommend that cannabis move to Schedule 3.
What does the opposition say about cannabis rescheduling?
Only opponents of cannabis reform were invited to participate in the 2026 hearings.
The opposition included Smart Approaches to Marijuana, the National Drug & Alcohol Screening Association, the Tennessee Bureau of Investigation and the states of Idaho, Indiana, Louisiana and Nebraska.
Critics attacked the two-part test federal officials used to determine whether marijuana has a currently accepted medical use, saying it improperly departed from a former five-part standard. They also said marijuana lacks accepted medical value and warned that rescheduling would weaken workplace drug testing.
Julius told the parties he would weigh every side of the arguments when formulating his recommendation.
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What comes next?
Julius will issue a recommendation based on the testimony and briefs. The final decision rests with DEA Administrator, Terrance C. Cole.
A broader rescheduling effort is already moving. In April, U.S. Attorney General Todd Blanche signed an order rescheduling state-licensed medical marijuana to Schedule 3, a shift with tax and regulatory consequences for licensed operators.
That reform faces legal challenges.
