DEA Marijuana Rescheduling Paused: What It Means

Weed is not Schedule III across the board, and the broader DEA hearing is still paused. The April 28, 2026 rule still covers only FDA-approved products and state-licensed medical marijuana. Other marijuana stays Schedule I. On October 14, 2026, the judge kept the case paused and ordered DEA to answer a request to reopen the hearing by October 21. On October 20, DEA asked the judge to deny that request. No new hearing dates are set. A federal appeals court refused to freeze the April rule on September 9, 2026.

Update (Oct 21, 2026): Marijuana is still not Schedule III across the board. DEA has answered the request to reopen the hearing, and the judge has not yet decided it. On October 20, DEA filed its response to the October 12 motion by NDASA, DUID Victim Voices, and Kenneth Finn, M.D. DEA opposes reopening the hearing for new discovery and testimony and asked the judge to deny the motion. In its words, as reported by Marijuana Moment, the request is “an obvious fishing expedition based on a Report that is clear on its face.” DEA still does not object to adding the GAO report to the record, but it says the report points to missing written procedures, not flaws in the scheduling analysis. On October 21, the judge let the three movants file a reply to DEA’s brief. A response is a request, not a ruling. The case stays paused until Chief Administrative Law Judge Derek C. Julius rules on the motion to reopen and on whether to admit the GAO report. As of October 21, 5 PM CT, no ruling and no new hearing date had been reported. The April 28 rule is unchanged.

Is weed Schedule 3 yet?

No. Not in general.

The text that controls the schedule is a final rule in the Federal Register. It was published on April 28, 2026. The document number is 2026-08176. The citation is 91 FR 22714. The order number is Attorney General Order No. 6754-2026.

The rule says this in its own words: “any form of marijuana other than in an FDA-approved drug product or marijuana subject to a state medical marijuana license remains a schedule I controlled substance.”

That sentence answers the search. Flower from an adult-use shop is still Schedule I. So is marijuana that is not an FDA-approved drug and is not under a state medical license.

The move that did happen is narrow. The rule covers marijuana, extracts, and plant-derived delta-9-THC outside hemp. It covers them only when the product is FDA-approved, or when it is subject to a state license to manufacture, distribute, and/or dispense it for medical purposes. The rule text says synthetic THC stays Schedule I. Import and export still need a permit. State medical licensees got a faster registration path under 21 CFR part 1301.

The Justice Department announced the limited order on April 23, 2026. It updated that release on April 24. The release names Acting Attorney General Todd Blanche and DEA Administrator Terry Cole. The legal date is April 28, the Federal Register date. It is not the press-release day. The release also said a new hearing would begin on June 29, 2026. It pointed to the December 18, 2025 order on medical marijuana and cannabidiol research.

Tax, banking, research, and drug tests under that limited rule are a different article. Read what the April 2026 rule actually covers. This page does not teach that guide again. This page is the pause.

Did the DEA pause marijuana rescheduling?

Yes for the wider hearing. No for the April rule.

People mix up two tracks. That mix-up is why the search results disagree.

The first track is the April rule. It is already in the Federal Register. It is limited. A separate court case tries to undo it. That case is in the U.S. Court of Appeals for the D.C. Circuit. On September 9, 2026, three judges denied a request to pause the April rule while the appeal goes on. The April rule is still in force.

The second track is the hearing on a wider Schedule III move. That hearing is in front of a DEA judge. It is not a case in a federal district court. On September 29, 2026, Chief Administrative Law Judge Derek C. Julius stayed that case. That stay is the pause people are asking about.

The hearing that was stayed

The hearing was noticed on the same day as the April rule. Document number 2026-08177. Citation 91 FR 22777. Docket No. DEA-1362. Attorney General Order No. 6753-2026.

The notice set a hearing on the May 21, 2024 proposal, 89 FR 44597, to place marijuana in Schedule III. The hearing was to start June 29, 2026, at 9 a.m. Eastern Time. The place was the DEA Hearing Facility, 700 Army Navy Drive, Arlington, Virginia 22202. It was to end no later than July 15, 2026. It recessed on July 3 and was set to reconvene on July 6. Notices to take part were due May 28, 2026. The notice invokes Executive Order 14370.

A third notice that same day withdrew an older hearing. Document number 2026-08178. Citation 91 FR 22778. Attorney General Order No. 6752-2026. As of April 28, 2026, it withdrew the August 29, 2024 hearing notice, 89 FR 70148, and ended those older proceedings.

The September 29 order uses DEA Docket No. 1362 and Hearing Docket No. 26-96. Its title is “ORDER STAYING CASE AND ORDERING RESPONSE TO MOTION.” It says the merits hearing ran from June 29 through July 15, 2026.

What the September 29 order does

On September 28, 2026, three filers asked for more briefing, a new exhibit, and a stay. The order names them as DUID Victim Voices; Kenneth Finn, M.D.; and the National Drug and Alcohol Association (NDASA). The order describes their paper as a “Joint Motion for Leave to File Supplemental Briefing, for Admission of Supplemental Exhibit, and for Stay of Proceedings.”

They asked to add a Government Accountability Office report. The order gives the title as “Drug Scheduling: While DEA Decisions Have Aligned with Recent HHS Recommendations, Both Need Comprehensive Policies.” The order says the report was published on September 23, 2026. They asked to admit it as Finn Exhibit 126, or as an exhibit by official notice. They also asked for more briefing and a short stay. They asked the judge to hold the recommended decision, and the certification of the record, until that briefing.

The order finds merit in a stay if the record were extended. It stays the matter while the judge considers the motion.

Then the order says the matter is stayed pending resolution of the motion. The government must respond no later than October 13, 2026. The response may be no longer than twenty pages. It must be double-spaced, with one-inch margins. Other interested parties may respond the same day, under the same limits. They do not have to respond.

The certificate of service lists who was served. It names counsel for the government and the DEA. It names the National Drug & Alcohol Screening Association. It names the Tennessee Bureau of Investigation. It names Smart Approaches to Marijuana. It names the States of Nebraska, Idaho, and Indiana. It names DUID Victim Voices; Kenneth Finn, M.D.; and Phillip A. Drum, PharmD, who appears for himself.

The names do not match in every document. The body of the order says “National Drug and Alcohol Association (NDASA).” The certificate of service says “National Drug & Alcohol Screening Association.” The October 9 response names “National Drug & Alcohol Screening (NDASA),” and its certificate says “National Drug & Alcohol Screening Association.” The D.C. Circuit filing uses the screening name. This page quotes each document as written.

The order does not admit the report. It does not grant the extra briefing. It does not change the April schedule. It does not set an end date beyond “pending the motion.” It does not amend 91 FR 22714.

A Federal Register search on October 21, 2026, of DEA documents that contain the word marijuana, published from April 29 through October 21, 2026, returned 26 documents. None is a final rule that moves marijuana in general to Schedule III. The marijuana decision in that window is the October 7 MedPharm order, 91 FR 64176. Other entries in the same search are practitioner decisions or proposals for other substances. They are not a marijuana reschedule.

Does the pause undo medical Schedule III?

No. The stay is of the hearing case. It is not a stay of 91 FR 22714.

The court case is a third track, and it points the other way. CourtListener docket 73298052 is SAM, Inc. and National Drug and Alcohol Screening Association, Inc. v. Department of Justice, No. 26-1106. The petition was filed on May 4, 2026, and docketed on May 5.

That case is consolidated with two others. No. 26-1130 is State of Nebraska v. DOJ, filed May 22, 2026. CourtListener docket 73396258. No. 26-1136 is New Directions Addiction Recovery Services v. Donald Trump, filed May 28, 2026. CourtListener docket 73413996.

On September 9, 2026, the court filed a per curiam order. The document number is 2192118. The header on the order is DEA-91FR22714. The judges are Wilkins, Walker, and Garcia. The term is September Term 2026.

The order denies a joint motion for a stay pending review. The court said the movants had not met the stay test in Nken v. Holder, 556 U.S. 418, 434 (2009). The joint stay motion, document 2177978, was filed on June 9, 2026. NDASA filed it in No. 26-1106. MMJ BioPharma Cultivation, MMJ International Holdings, and MMJ Biopharma Labs filed it in No. 26-1136. The government opposed the motion on July 2, 2026.

The same September 9 order denies intervention by MedPharma Iowa, LLC and Tri-Mountain Pure, LLC. The order calls them the “Medical Marijuana Companies.” It lets them file as friends of the court. It also grants that status to Cannabis Industry Attorneys. The docket spells one name “MedPharm Iowa.” The order says “MedPharma.” This page uses the order’s spelling when it describes the order.

The order does not decide who wins the appeal. On its own motion, the court told the parties to submit proposed briefing formats within 30 days. It urged a joint proposal. A search of the public RECAP record on October 9, 2026, did not show a later decision on the merits. A missing upload is not proof that the format papers were never filed. This page does not claim they are absent from the court.

So the two pauses are not the same pause. The appeals court refused to pause the April rule. The DEA hearing judge paused the wider hearing.

What did DEA file on October 9, 2026?

DEA filed before the October 13 deadline. The paper is dated October 9, 2026. James J. Schwartz, Stacy M. Race, Lisa K. Man, and Jarrett T. Lonich signed it. A copy of that filing is linked in Sources. It is the response, not a commentary.

The opening states the three positions in one paragraph: “DEA respectfully opposes the Movants’ request to file supplemental briefing and defers to this Honorable Court for the Admission of Supplemental Exhibit. Because this matter has been already stayed by this Honorable Court to allow the Government to file the instant motion, DEA takes no position on the Movants’ request to Stay.”

Read that as three sentences. DEA opposes more briefing. DEA leaves admission of the report to the judge. DEA takes no position on the stay, because the judge already stayed the case so the government could file this paper.

The same filing says the report is about how the process was written down. “The GAO Report’s only ‘process’ recommendation pertains to the written memorialization of the analysis process used by the Government, not the analysis itself.” It also says: “Moreover, the GAO Report does not ever opine on FDA’s ultimate conclusion that marijuana should be transferred to Schedule III.” Later it says the movants’ argument “depends solely on the gaps in the memorialization of rescheduling process, not any flaws in the rescheduling process itself.”

The conclusion asks the judge to deny more briefing. “The GAO Report speaks for itself and contains no information salient to the issue before this Tribunal. Supplemental briefing on the GAO Report is unnecessary and does not require this Court to further delay its decision for briefing on the Report’s findings.”

That is a request. It is not an order. It does not lift the September 29 stay. It does not admit the report. It does not set a new hearing date. It does not amend 91 FR 22714.

The caption on the response calls Derek C. Julius “CHIEF ADMINISTRATIVE LAW JUDGE.” One sentence in the background calls him “Chief Administrative Judge.” This page quotes each line as written.

The October 9 certificate of service also names the State of Louisiana, with the States of Nebraska, Idaho, and Indiana. The September 29 certificate named Nebraska, Idaho, and Indiana. It did not name Louisiana. Marijuana Moment reported that Louisiana withdrew from the separate D.C. Circuit lawsuit. This page did not find a filing that explains Louisiana’s place on the hearing certificate.

What does the GAO report page say?

The report is GAO-26-108623. The public product page says it was published, and publicly released, on September 23, 2026. The title matches the stay order: “Drug Scheduling: While DEA Decisions Have Aligned with Recent HHS Recommendations, Both Need Comprehensive Policies.”

The page gives these counts. Of 208 scheduling actions from 2020 through 2025, DEA considered HHS evaluations for all 95 substances where an HHS evaluation was required. DEA’s final decision aligned with the HHS recommendation for all 84 of those substances that had a final rule by December 31, 2025. The other 11 were still under temporary scheduling orders.

The same page says DEA does not have policies that identify roles, responsibilities, and procedures. It says FDA does not have policies or procedures specifying how its staff are to conduct evaluations or develop recommendations. GAO’s second recommendation asks FDA for criteria and a process for a substance’s “potential for abuse,” including abuse potential relative to other substances. The third recommendation asks FDA and NIH to update a memorandum of understanding that the page says is over 40 years old.

The public page does not announce a marijuana schedule. The line that the report “does not ever opine” on FDA’s Schedule III conclusion is DEA’s sentence in the October 9 filing. This page did not read that claim off all 31 pages of the full report.

DEA’s filing frames the gap as written memorialization, not a flaw in the analysis. GAO’s own recommendation also asks FDA for evaluation criteria, including “potential for abuse.” Those are two descriptions. This page keeps them apart.

What did the other parties file?

This page does not have the October 12 or October 13 papers. Marijuana Moment reported them on October 13, 2026.

That report says that on Monday, October 12, the National Drug & Alcohol Screening Association, DUID Victim Voices, and Kenneth Finn filed a brief. The quoted line is: “additional briefing is necessary because this dispute goes beyond whether the Report is admissible—it concerns what the Report means and why it matters.”

The same report says those three filed a separate motion that day. The motion, as quoted, asks for a “narrow reopening of the hearing for limited discovery and testimony tied to the Report, the agency-process gaps it identified, and why those gaps matter to marijuana rescheduling.” Marijuana Moment says the motion lists five narrow topics. This page does not have the motion, so it does not restate those topics as if they were read from the filing.

The same report says that on Tuesday, October 13, Smart Approaches to Marijuana and the states of Idaho, Indiana, and Nebraska filed a joint brief. As quoted, that brief calls the GAO report “competent, relevant, and material evidence” on the rescheduling question before the tribunal. It also says: “The Tribunal should also request supplemental briefing.”

Marijuana Moment said it remained to be seen whether the judge would order more briefing or reopen testimony. Cannabis Business Times reported the October 9 positions: DEA did not argue against adding the report, and it opposed more briefing. On October 14, the judge let those three movants reply to DEA and ordered DEA to answer the reopen motion by October 21. He did not grant the reopening.

Has the judge ruled?

Not on the big questions.

On October 14, 2026, Chief Administrative Law Judge Derek C. Julius issued a new order. It did three things. It let the National Drug & Alcohol Screening Association, DUID Victim Voices, and Kenneth Finn, M.D. reply to DEA’s October 9 response. It ordered DEA to answer their October 12 motion to reopen the hearing by October 21, in no more than ten pages. And it kept the case on hold: “This matter remains STAYED to allow time for a response and to allow time for the tribunal to consider the pending motions,” as Marijuana Moment reported.

The same order says the judge has “not yet ruled on the Motion to Admit GAO Report” and will “RESERVE ruling on that motion pending additional responses.” So three questions are still open: whether the report comes in, whether there will be more briefing, and whether the hearing reopens for discovery and testimony.

On October 20, DEA filed its answer opposing the reopening and asking the judge to deny the motion; on October 21 the judge let the movants reply. He has not ruled.

No recommended decision has been issued. That decision would go to the DEA Administrator, who decides any final rule. Cannabis Business Times describes the recommendation as nonbinding.

The April 28 rule is a different track. It is still in force. The proposed D.C. Circuit briefing dates and the Washington registration notes are on what the April 2026 rule covers. This page does not repeat that calendar.

What is the timeline so far?

Is recreational marijuana still Schedule I?

Yes. The April rule says so in the sentence quoted above. The hearing stay does not change that sentence. The appeals court did not change it either. It refused to freeze the rule.

State shops can still follow state law. Federal schedule and state statute are different rules. A map of where shops are open is in where weed is legal in 2026. Carrying marijuana across a state line is still a federal problem. See flying and crossing borders with cannabis in 2026.

Adult-use sales did not leave Schedule I. The federal deduction bar still reaches Schedule I and Schedule II activity. The details are in why cannabis businesses pay more tax. Bank access is a separate bill, not this stay. See what the SAFER Act means. A urine test still looks for THC metabolites, not for a schedule number. See how long THC stays in your system. The 1970 statute that created the schedules is the Controlled Substances Act history.

Who is on the service list?

The order’s service list is the clean primary list for the stayed hearing. It names government and DEA counsel. It names the National Drug & Alcohol Screening Association, the Tennessee Bureau of Investigation, and Smart Approaches to Marijuana. It names Nebraska, Idaho, and Indiana. It names DUID Victim Voices, Kenneth Finn, M.D., and Phillip A. Drum, PharmD.

This page does not publish the email addresses on that certificate.

The April rule discusses an HHS recommendation dated August 29, 2023, and points to regulations.gov docket DEA-1362. This page does not restate findings from that recommendation. The rule itself is the source for the schedule that is in force today.

Key Takeaways

• Weed is not Schedule III in general. FDA-approved products and state-licensed medical marijuana are the April 28 exception. The rule says other marijuana stayed Schedule I.
• The DEA pause is a September 29, 2026 stay of Hearing Docket No. 26-96, on DEA Docket No. 1362. On October 14 the judge kept it in place and ordered DEA to answer a motion to reopen by October 21. DEA filed its answer on October 20 opposing the reopening; the judge has not ruled. No new hearing dates are set.
• That stay does not undo 91 FR 22714. The D.C. Circuit denied a stay of the April rule on September 9, 2026.
• A Federal Register search on October 21, from April 29 through that day, found no final rule that moves marijuana in general to Schedule III.
• Scope, tax, and research live on the April 2026 Schedule III explainer.

FAQ

Is weed Schedule 3 yet?

Not across the board. The April 28 rule moved only FDA-approved marijuana products and marijuana under a state medical license. The September 29 stay did not add a wider move.

Did the DEA pause marijuana rescheduling?

The hearing judge stayed the broader case on September 29, 2026, and kept it stayed in an October 14 order. That case is Docket 1362 and Hearing Docket 26-96. DEA answered the reopen motion on October 20. The April 28 rule was not stayed by either order.

What was due on October 21, 2026?

DEA’s answer to a motion by three rescheduling opponents to reopen the hearing for limited discovery and testimony about a GAO report. The judge capped it at ten pages. DEA filed it on October 20 and asked the judge to deny the motion, calling it “an obvious fishing expedition,” as Marijuana Moment reported. A filing is not a ruling.

Will the DEA hearing reopen?

The judge has not decided. He reserved ruling on the GAO report, and on October 21 he allowed the movants to reply to DEA’s answer. Until he rules, the case stays paused and no new hearing dates are set.

Does the pause undo medical Schedule III?

No. The hearing stay does not amend 91 FR 22714. On September 9, 2026, the D.C. Circuit denied a request to freeze the April rule during the appeal.

Is recreational marijuana still Schedule I?

Yes. Marijuana that is not an FDA-approved drug product, and is not under a state medical marijuana license, remains Schedule I under the April rule. State shop rules are a different map.

Sources

• 91 FR 22714, document 2026-08176 — April 28, 2026 final rule. Schedule III only for FDA-approved marijuana products and state-licensed medical marijuana. Other marijuana stays Schedule I. Federal Register page.
• 91 FR 22777, document 2026-08177 — hearing notice for the broader proposal, Docket DEA-1362. Not a schedule change. Full text.
• 91 FR 22778, document 2026-08178 — withdrawal of the August 29, 2024 hearing notice, effective April 28, 2026. Full text.
• DOJ release, April 23, 2026 — updated April 24, 2026. Announces the limited order and a hearing beginning June 29, 2026. The register date controls.
• Order staying the hearing, September 29, 2026 — Chief Administrative Law Judge Derek C. Julius, DEA Docket No. 1362, Hearing Docket No. 26-96. Government response due October 13, 2026. PDF posted by a party to the motion. It is the order, not a commentary.
• Government response, October 9, 2026 — DEA opposes supplemental briefing, defers to the judge on admitting the GAO report, and takes no position on the stay. Dated October 9, 2026. Copy of the filing, not a commentary.
• GAO-26-108623 — “Drug Scheduling: While DEA Decisions Have Aligned with Recent HHS Recommendations, Both Need Comprehensive Policies.” Published and publicly released September 23, 2026. Public product page. This page did not rely on the full 31-page PDF for the quotes above.
• Order for response to motion to reopen hearing, October 14, 2026 — Chief Administrative Law Judge Derek C. Julius. Keeps the stay, reserves ruling on the GAO report, orders DEA’s response by October 21 (10-page limit). This page confirmed the URL through reporting; it did not open the PDF in this update.
• Marijuana Moment, October 14, 2026 — Tom Angell. Quotes the October 14 order.
• Cannabis Business Times, October 14, 2026 — Tony Lange. Reports the order and the hearing history.
• Marijuana Moment, October 13, 2026 — Tom Angell. Reports the October 12 and October 13 party filings. This page does not have those filings.
• Cannabis Business Times — reports that DEA opposed more briefing and deferred to the judge on the report.
• Marijuana Moment, October 21, 2026 — Tom Angell. Reports and quotes DEA’s October 20 response opposing reopening, and the movants’ leave to reply on October 21.
• The Marijuana Herald, October 21, 2026 — Anthony Martinelli. Reports the 10-page filing dated October 20 and its request to deny the motion in its entirety.
• SAM, Inc. v. DOJ, No. 26-1106 — D.C. Circuit docket. September 9, 2026 per curiam order, Document 2192118, denies a stay of 91 FR 22714. Consolidated with No. 26-1130 and No. 26-1136.
• Executive Order 14370, 90 FR 60541 — signed December 18, 2025. The hearing notice invokes it. It is not adult-use legalization.