DEA Schedules Administrative Hearing, Delays Final Rule Past Election

Key Takeaway

The DEA announced a formal administrative hearing on cannabis rescheduling, adding an extra procedural step that pushed any final rule past the November 2024 presidential election. The decision significantly disappointed cannabis industry advocates who had hoped for a final rule before the election. The hearing would allow opponents including state attorneys general and drug policy groups to present testimony opposing rescheduling. Critics argued the hearing was an unnecessary delay tactic given the extensive public comment period already completed. For cannabis operators, the hearing schedule meant Section 280E exposure would continue throughout 2025 and potentially beyond, complicating tax planning and business forecasting.