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The DEA says a watchdog report on gaps in drug evaluation doesn't undermine the marijuana rescheduling plan, while opponents argue procedural flaws are fatal.

DEA, Rescheduling Opponents File Final Briefs Before Judge Rules

Nov 6, 2026

Source:

Tom Angell

Marijuana Moment

The legal fight over moving marijuana to a different federal category has reached a key stage, with final written arguments now filed in the hearing on the proposal. The Drug Enforcement Administration and the parties opposing the change each had a last chance to make their case before a judge issues a decision.

At the center of the DEA's latest filing is a recently published report from a federal watchdog agency. That report identified gaps in the way the government evaluates controlled substances. The DEA is once again making the point that the findings don't weaken the Trump administration's plan to reschedule marijuana. In the agency's view, the proposal can stand even with the shortcomings the watchdog described in the broader process.

The groups opposed to rescheduling see it very differently. Those parties, who have been taking part in the hearing, argue that procedural problems have caused irreparable harm to the process. They are pointing to the watchdog's findings as support for the idea that the rulemaking shouldn't move forward the way it has been handled. The final briefs lay out those competing readings of the same report, so the judge will weigh whether the identified gaps are a minor issue or a serious flaw.

For cannabis consumers and businesses, the stakes are significant. Rescheduling would shift marijuana out of its current, most restrictive federal classification, which carries consequences for research, taxation and how the industry operates. Because the hearing is a formal proceeding, the judge's decision is not the end of the road, but it will shape what happens next. With the briefing wrapped up, attention turns to the ruling and to whether the administration's timeline for reform holds.

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