Rescheduling Briefing Is Done. The Judge Can Now Rule.

The final round of briefing in the federal marijuana rescheduling case is complete. On November 5, 2026, the Drug Enforcement Administration and the opponents of rescheduling filed competing reply briefs in DEA Docket No. 1362 (Hearing Docket No. 26-96), closing out the briefing on the September 23, 2026 Government Accountability Office report that had paused the case.

Two Sides, Two Requests

The government's reply brief asks Chief Administrative Law Judge Derek C. Julius to give the Government Accountability Office report no weight in the rescheduling record. The opponents — the National Drug and Alcohol Screening Association (NDASA), DUID Victim Voices and Dr. Kenneth Finn — ask the judge to recommend that DEA Administrator Terry Cole reject rescheduling outright.

What Happens Next

With briefing complete and the stay expired by its own terms, Judge Derek C. Julius can proceed with his recommended decision. There is no deadline for him to issue one.

Once the recommendation is served, parties have 20 days to file exceptions. The administrative record is then certified to the Administrator no less than 25 days after service.

The Administrator will review the record and decide whether marijuana moves to Schedule III, stays in Schedule I, or is placed in another schedule. No date is set for that final decision.

Two Separate Tracks

This is the broader rescheduling track: the proposal to move marijuana as a whole to Schedule III. It is separate from the medical-marijuana framework established in April 2026, which placed qualifying state-licensed medical marijuana products in Schedule III and created an expedited federal registration pathway.

DEA began issuing registrations to qualifying medical dispensaries in October, while manufacturer and distributor applications remain under review. The medical framework does not automatically reschedule recreational marijuana or resolve the broader proposal being considered in this proceeding.

Sources

• U.S. Government's Reply Brief, DEA Docket No. 1362 / Hearing Docket No. 26-96. November 5, 2026.
• Opponents' Reply Brief (National Drug and Alcohol Screening Association, DUID Victim Voices, Kenneth Finn). November 5, 2026.
• 21 C.F.R. §§ 1316.65, 1316.66 (recommended decision, exceptions and certification procedure).
• U.S. Department of Justice, announcement of initial federal registrations for qualifying medical marijuana dispensaries, October 30, 2026.
• DEA Administrative Law Judge Docket, Marijuana Rescheduling Proceedings.