Feature Story
DEA Fights AGAINST FOR
Medicinal Cannabis
by Clayton Stallings, contributing writer
After years of publishing the health benefits of cannabis with The EVOLUTION Magazine, and many hundreds of articles breaking the stigma of misinformation caused by the“ War on Drugs,” guess who is finally switching sides in the cannabis battle? Our government, led by the Drug Enforcement Agency( DEA), is fighting in court to reschedule cannabis from Schedule I to Schedule III. Part of me is convinced we are living in some sort of alternate reality … The TWILIGHT ZONE!
Cannabis prohibition started at the state level with California in 1915, then federally in 1937 with the Marijuana Tax Act. It was later placed in Schedule I under the Controlled Substances Act( CSA) of 1970. Schedule I is reserved for drugs with a high potential for abuse and NO medical use.
Chief Administrative Law Judge( ALJ) Derek C. Julius presides over the case. The proceedings began on June 29 and are scheduled to conclude on July 15. In a preliminary order on June 18, Julius stated that the hearing will not focus on state-licensed medical cannabis or on FDA-approved cannabis products that Attorney General Todd Blanche already reclassified to Schedule III on April 22, 2026.
“ Importantly, the scope of this hearing is not to discuss the rescheduling of medical products approved by the Food and Drug Administration that contain marijuana and of medical marijuana products already regulated by the states, which has already occurred( See 91 Fed. Reg. 22,714( 2026),” the ALJ wrote.“ Accordingly, no evidence or testimony will be received on that matter. The narrow issue in this matter is whether the remainder of marijuana, as defined by the CSA, should be transferred from its current place on Schedule I of the list of controlled substances to Schedule III.” 1
Our government has finally admitted that cannabis has medical value— and they are fighting for it in an administrative law hearing. I can just hear the intro theme song to the 1959 to 1964 TV series The TWILIGHT ZONE... do do do doo, do do do doo.
Unfortunately, for all of the pro-cannabis organizations, such as the National Organization for the Reform of Marijuana Laws
( NORML), the American Trade Association for Cannabis and Hemp( ATACH), and the Coalition for Cannabis Scheduling Reform( CCSR), to name a few, may never get their long-awaited day in court to testify on the medical benefits of cannabis. President Donald Trump’ s administration entertained testimony only from those who opposed the proposed rescheduling rule.
On June 18, the DEA announced seven“ interested persons” who are“ adversely affected or aggrieved” by the proposed rule, all of whom are against loosening federal restrictions on cannabis.
Those seven designated participants include: |
1. |
National Drug & Alcohol Screening Association( NDASA) |
2. |
Tennessee Bureau of Investigation –( Law Enforcement |
Perspective) |
3. |
Smart Approaches to Marijuana( SAM) |
4. |
The Attorneys General of the states of Nebraska, Idaho, |
Indiana, and Louisiana |
5. |
Victim Voices from Driving Under the Influence of Drugs |
( DUID) |
6. |
Kenneth Finn, M. D. |
7. |
Phillip A. Drum, Pharm D. 2 |
There will not be a verdict at the end of the hearing like you would see in a trial. Instead, the designated parties submit formal written briefs to the ALJ summarizing their evidence and arguments. The ALJ reviews the evidence and briefs, then issues a formal decision and recommendation on whether all marijuana should be moved to Schedule III. There is no strict statutory deadline for how long this recommendation takes to draft. 3
Finally, the ALJ’ s recommendation goes to the DEA Administrator, who evaluates the recommendation alongside the full administrative record, public comments, and the FDA’ s medical assessment to make a final determination. If rescheduling is approved, the DEA will publish a Final Rule in the Federal Register.
If all cannabis were fully rescheduled, it would federally recognize its medical value, but the manufacturing, distribution, and possession
24 August 2026