A group of doctors and researchers is taking the U.S. Drug Enforcement Administration (DEA) to court, arguing that the agency has mishandled the process of rescheduling marijuana. The legal challenge, filed by the Doctors for Drug Policy Reform (DDPR), aims to force the DEA to revisit key steps in determining whether cannabis should be moved from Schedule 1 to Schedule 3 under federal drug law.
Their complaint? A process they say is opaque, biased, and in violation of federal law.
Why the Doctors Are Fighting Back
The DEA has made it clear: marijuana’s legal status won’t change without a formal hearing. That hearing, initially planned for January 21, was suddenly put on hold, indefinitely delaying any progress. The decision left pro-rescheduling doctors, including DDPR leader Dr. Bryon Adinoff, frustrated and shut out.
- The DEA denied 138 parties, including DDPR, the opportunity to participate in the hearing.
- Despite the Justice Department’s proposal to move cannabis to Schedule 3 last year, the DEA refused to act without further review.
- Former DEA Administrator Anne Milgram made it clear: no changes before the 2024 election, which President Joe Biden lost.
With the DEA fully controlling the process and showing no urgency, frustrated advocates see the courts as their only remaining option.
The Courtroom Becomes the Battlefield
The petition filed in the U.S. Court of Appeals for the D.C. Circuit challenges the DEA’s authority to keep the process stalled. According to federal law, courts can intervene if an agency’s actions are found to be “arbitrary, capricious, or otherwise contrary to law.” That’s exactly what the DDPR claims is happening.
The cannabis industry had hoped the new administration under Donald Trump would take a different stance on marijuana reform. But so far, Trump’s nominations for the Justice Department and DEA have not indicated any shift in federal cannabis policy.
This means the legal fight could be the only way forward.
Could This Lawsuit Force the DEA’s Hand?
The federal court’s decision in this case could have major implications for cannabis regulation. If the judges agree with the DDPR:
- The DEA could be forced to restart the rescheduling process, this time with greater transparency.
- Doctors and researchers who were previously shut out could get a chance to present their case.
- It could put pressure on the Biden administration to push the DEA into action before leaving office.
On the other hand, if the court rules in favor of the DEA, the process could remain indefinitely stalled, leaving marijuana in its current Schedule 1 status—alongside heroin and LSD—for the foreseeable future.
Industry Stuck in Limbo as Rescheduling Battle Drags On
For businesses, researchers, and patients relying on medical marijuana, the continued uncertainty is proving costly.
Moving cannabis to Schedule 3 would bring significant changes:
- It could reduce federal tax burdens on cannabis businesses.
- More scientific research could be conducted without DEA restrictions.
- Doctors and pharmacists would have clearer guidelines on prescribing cannabis-based treatments.
But with no clear timeline on when—or if—the rescheduling process will move forward, the industry remains in limbo.
What Happens Next?
All eyes are now on the D.C. Circuit Court of Appeals to see whether judges will intervene and force the DEA to redo the process.
Until then, marijuana reform remains at the mercy of bureaucratic delays, political maneuvering, and legal battles—with no end in sight.