Rescheduling Stalemate: DEA Yet to Advance Cannabis Reclassification Process Amid Political and Administrative Uncertainty
Despite optimism and previous political promises, the long-anticipated reclassification of marijuana under federal law remains in limbo. A recent filing confirms that no measurable progress has been made at the U.S. Drug Enforcement Administration (DEA) regarding the rescheduling process initiated under the Biden administration and now inherited by President Donald Trump’s administration.
Three Months Since DEA Judge Halted Progress and Still No Action from Acting Administrator Derek Maltz
Nearly 90 days have passed since Chief Administrative Law Judge John Mulrooney II of the DEA issued an order to pause the federal process that would reclassify marijuana from Schedule 1—reserved for substances with no accepted medical use and a high potential for abuse—to Schedule 3, a category for substances with recognized medical uses and lower abuse potential.
Since then, no developments have been made in response to the “interlocutory appeal” filed by cannabis industry stakeholders, according to a Joint Status Report submitted on April 10.
Joint Legal Filing Confirms Appeal Remains Pending and No Briefing Schedule Exists
The status report, filed by DEA Deputy Chief Counsel James Schwartz and Shane Pennington, the attorney representing Village Farms International and Hemp for Victory, highlights the bureaucratic deadlock. The appeal in question seeks reconsideration of DEA’s role in the rescheduling process and argues that the agency should be disqualified due to perceived bias and procedural conflicts.
“To date, Movants’ interlocutory appeal to the Acting Administrator regarding their Motion to Reconsider remains pending,” the report stated. “No briefing schedule has been set.”
This delay adds further frustration for marijuana policy reform advocates, who argue that administrative inaction is costing the industry time, legitimacy, and opportunity.
Cannabis Industry’s Hope in Trump’s Support for Schedule 3 Reclassification Remains Unfulfilled
While President Trump made headlines in September for voicing support for marijuana’s move to Schedule 3, his administration has since remained silent on the issue. The DEA’s acting administrator, Derek Maltz, has not taken public action on the matter. And Congress has yet to schedule nomination hearings for Trump’s pick to lead the DEA, Terrance Cole.
This vacuum of leadership and direction has left the cannabis industry in a prolonged state of uncertainty, with regulatory clarity remaining elusive.
Federal Cannabis Policy Stuck in Neutral as Legal and Political Systems Delay Reform
As the DEA stalls and administrative processes remain bogged down, marijuana continues to occupy a contradictory space in U.S. law—legal for medicinal or recreational use in dozens of states but still considered a dangerous, prohibited substance at the federal level.
The cannabis industry, which has long pushed for clarity, faces mounting frustrations as hopes for reform are delayed by red tape and political inertia.
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