The Schedule III Hearing Paused. Nothing On Your Shelf Changed.
On September 29, the judge running the federal marijuana rescheduling hearing hit pause. If you shop at a licensed dispensary in New Jersey, the pause changes nothing about your next visit.
What the marijuana rescheduling hearing is about
In April, the Justice Department moved part of the question on its own. An order issued April 23 placed marijuana covered by a state medical marijuana license, and FDA-approved drug products containing it, in Schedule III. Adult-use cannabis was left out of that order and stays in Schedule I.
The rest went to a hearing at the DEA: should adult-use and other marijuana move to Schedule III too? Testimony ran through June and July. The next step was the judge’s recommendation to the DEA Administrator, who makes the final decision.
Why the hearing paused
Opponents of rescheduling asked the judge to add a Government Accountability Office report to the record. The GAO found that the DEA has no policies or procedures for how its staff evaluate substances or decide where they are scheduled, and that the FDA has the same gap. Chief Administrative Law Judge Derek Julius stayed the proceeding until that request is settled.
What happens on October 13
The DEA has until October 13 to file a response, up to 20 pages, on whether to reopen the record. Other parties can file their own by the same date. The recommendation waits until the judge rules.
What it means for marijuana rescheduling in New Jersey
For anyone shopping in North Bergen or anywhere else in Hudson County, this Friday looks like last Friday. Adult-use cannabis was in Schedule I before the pause and it still is.
The change most people watch for is taxes. Since the April order, state-licensed medical operators no longer fall under Section 280E, the federal rule that blocks normal business deductions. Adult-use sales are still under it while the hearing is on hold.
One thing worth keeping straight: Schedule III is not legalization. It is still a list of federally controlled substances.
