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DEA And Marijuana Rescheduling Opponents File Final Briefs In Hearing Ahead Of Judge's Decision

The DEA's administrative hearing on moving marijuana to Schedule III has closed after final post-hearing briefs, leaving an administrative law judge to recommend whether the agency met its burden of proof. The DEA says a Government Accountability Office report identifying gaps in the government's process for evaluating controlled substances does not undermine its proposal. Opponents filed final briefs arguing the government failed to meet its burden, while the hearing record remains under judicial review. No ruling or deadline for a decision appears in the supplied material.

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  • ✓ The DEA's marijuana rescheduling hearing closed after final post-hearing briefs were filed, leaving one administrative law judge to make a recommendation.
  • ✓ The DEA says it does not believe a recently published federal watchdog agency report that found gaps in the government's process for evaluating controlled substances undermines the Trump administration's proposal to reschedule marijuana.
  • ✓ A Government Accountability Office report identified issues in the government's process for evaluating controlled substances.
  • ✓ The hearing is stalled after post-hearing briefs and a Sept. 29 stay over a Government Accountability Office report.
🛡️ Source Corroboration: 13 independent reporting domains (72% confidence) ⏱ Read time: ~3 min

What changed

Opponents of federal marijuana rescheduling filed final post-hearing briefs, closing the written phase of the DEA hearing before an administrative law judge weighs a recommendation.

Live updates

  1. DEA marijuana rescheduling opponents file final briefs; judge weighs decision

    The DEA's administrative hearing on moving marijuana to Schedule III has closed after final post-hearing briefs, leaving an administrative law judge to recommend whether the agency met its burden of proof. The DEA says a Government Accountability Office report identifying gaps in the government's process for evaluating controlled substances does not undermine its proposal. Opponents filed final briefs arguing the government failed to meet its burden, while the hearing record remains under judicial review. No ruling or deadline for a decision appears in the supplied material.

    Why it matters

    The case concerns whether the DEA should reschedule marijuana under the Controlled Substances Act. A federal watchdog report found gaps in the government's process for evaluating controlled substances, and the DEA disputes that those findings weigh against rescheduling. The final briefs mark the end of the written phase of the hearing, but the judge's recommendation would not itself settle the policy. A Sept. 29 stay and Oregon's rules remaining in place are also mentioned in the supplied material.

    What is confirmed

    • The DEA's marijuana rescheduling hearing closed after final post-hearing briefs were filed, leaving one administrative law judge to make a recommendation.
    • The DEA says it does not believe a recently published federal watchdog agency report that found gaps in the government's process for evaluating controlled substances undermines the Trump administration's proposal to reschedule marijuana.
    • A Government Accountability Office report identified issues in the government's process for evaluating controlled substances.
    • The hearing is stalled after post-hearing briefs and a Sept. 29 stay over a Government Accountability Office report.
    • The National Congress of American Indians, described as the nation's oldest and largest organization representing tribal governments, called on the U.S. Department of Justice to include tribal marijuana programs in federal rescheduling.

    Still unconfirmed

    • The government did not meet its burden of proof in the DEA marijuana rescheduling hearing, according to the headline of a Reflector report and a Nov. 7, 2026 press release from MMJ International Holdings.

    What to watch next

    • The administrative law judge's recommendation on whether the DEA met its burden of proof to reschedule marijuana to Schedule III.
    • Any ruling or decision from the DEA following the judge's recommendation.
    • Further legal challenges to the rescheduling process, including possible federal appellate review.
    Sources used for this update (13)
    1. Marijuana Moment — DEA And Marijuana Rescheduling Opponents File Final Briefs In Hearing Ahead Of Judge's Decision
    2. Cannabis Wire — American Medical Association Tells FDA to Maintain Cannabis 'Scrutiny' in Botanical Drugs Push
    3. The Globe and Mail — Former DEA Administrator Sounds Alarm on Drug Safety as Federal Marijuana Rescheduling Faces Critical November 5 Deadline
    4. reflector.com — DEA Marijuana Rescheduling Hearing Closes With Government Not Meeting Its Burden Of Proof?
    5. Healio — Natural does not mean safe: AMA wants FDA to regulate botanical products like other drugs
    6. themarijuanaherald.com — National Congress of American Indians Calls on DOJ to Include Tribal Marijuana Programs in Federal Rescheduling
    7. www.newswire.com — DEA Marijuana Rescheduling Hearing Closes With Government Not ...
    8. seedtiva.com — Marijuana Rescheduling Hearing: Briefs Filed, Stay Issued
    9. ormarijuana.com — The DEA’s Schedule III fight reaches its last round of ...
    10. www.decibelgardens.com — "DEA And Marijuana Rescheduling Opponents File Final Briefs ...
    11. www.cannabisindustry.news — DEA And Marijuana Rescheduling Opponents File Final Briefs In ...
    12. cannabisinsight420.substack.com — CANNABIS Newsletter Daily Roundup — November 07, 2026
    confidence 72%
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