Marijuana Rescheduling

Where does marijuana rescheduling stand? As of Nov. 2, 2026, two federal tracks are moving separately. DEA has begun issuing federal registrations to more than 900 state-licensed medical marijuana dispensaries under the April Schedule III order for qualifying medical activities, while the Oct. 22 order in the broader rescheduling hearing allows optional replies on the GAO report through Nov. 5. Under that order the stay ends when briefing closes; the order sets no recommended-decision date. This page tracks each step with links to the primary documents.

Updated November 2, 2026.

Latest

• Oct. 30, 2026 — DEA issues first federal registrations to 900-plus medical dispensaries. DOJ announced initial registrations for more than 900 state-licensed medical marijuana dispensaries in Alabama, Florida, Mississippi, South Dakota, Texas, Virginia and West Virginia. Manufacturer and distributor applications remain under review, and DOJ said “State licensure alone does not automatically grant federal registration.” DEA’s Nov. 2 timely-applicant list has 6,083 application rows (82 from Illinois); applications are not approvals. Our coverage · DOJ Press Release 26-1276 · DEA applicant list.
• Oct. 29, 2026 — Parties file GAO-report briefs. The government asked the tribunal to “give the GAO Report no weight.” Opponents argued for decisive weight or keeping marijuana in Schedule I: NDASA, DUID Victim Voices and Dr. Kenneth Finn; SAM with Idaho, Indiana and Nebraska; and the Tennessee Bureau of Investigation each filed. These are the parties’ arguments; the judge has not ruled on them. Government brief (copy hosted by The Marijuana Herald) · All parties’ briefs (DocumentCloud).
• Oct. 22, 2026 — GAO report admitted; reopening denied. Chief Administrative Law Judge Derek C. Julius admitted the report and rejected additional testimony and discovery under this motion. He permitted optional briefs and replies, each limited to ten double-spaced pages, on the report’s weight and effect. The stay lasts through the briefing schedule; the order does not decide the rescheduling proposal. Our coverage · Read the Oct. 22 order (DEA).
• Oct. 14, 2026 — DEA judge orders a response to the motion to reopen. Chief Administrative Law Judge Derek C. Julius granted the moving parties leave to reply and ordered the government to respond, in no more than ten pages, by Oct. 21 to a motion to reopen the hearing. The moving parties — DUID Victim Voices, Kenneth Finn, M.D., and the National Drug and Alcohol Screening Association — asked on Oct. 12 to reopen for limited discovery and testimony if the GAO report is admitted. The government’s Oct. 9 opposition opposed supplemental briefs but deferred to the tribunal on admitting the GAO report; SAM and the states of Idaho, Indiana and Nebraska supported admission on Oct. 13. The judge reserved ruling on the GAO report, and the matter remains stayed. Read the Oct. 14 order (DEA).
• Oct. 13, 2026 — South Dakota says rescheduling changes little for its medical program. Attorney General Opinion No. 26-06 (dated Oct. 6) concludes rescheduling will likely have a “negligible impact” on the state program and points licensed businesses to DEA registration under 21 C.F.R. 1301.13(k)(1). Our coverage · Opinion 26-06.
• Sept. 10, 2026 — Sixth Circuit: Schedule III order doesn’t rescue a marijuana purchase contract. In Hello Farms v. GR Vending, the court reversed a $31.8 million verdict and said the April 2026 Schedule III order covers FDA-approved products and state-licensed medical marijuana and does not retroactively validate the agreement. Our coverage · Opinion.

What to watch

• Optional replies on the GAO report, due Thursday, Nov. 5, 2026, and the stay expiring when briefing closes.
• Any later recommended decision or order in DEA Docket No. 1362; the Oct. 22 order sets no decision date.
• Further phased dispensary registrations and decisions on medical marijuana manufacturer and distributor applications.

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