California Marijuana Regulator Says DEA Still Hasn’t Provided Rescheduling Guidance Despite Repeated Outreach
- California’s Department of Cannabis Control (DCC) has repeatedly sought but not received direct guidance from the DEA on implementing recent federal marijuana rescheduling changes.
- The DEA plans to release implementation information publicly and simultaneously, rather than providing individualized briefings to states like California.
- In response to the April DEA order rescheduling certain marijuana products to Schedule III, California has streamlined licensing processes and adopted emergency regulations to separate medicinal and adult-use operations.
- DCC continues to monitor federal developments cautiously and advises businesses that several implementation details remain unresolved, withholding recommendations on seeking federal registration for now.
California’s top cannabis regulator says the Drug Enforcement Administration (DEA) has still not provided the state with direct guidance on how the federal government plans to implement recent marijuana rescheduling changes, despite repeated efforts by state officials to get answers.
California Department of Cannabis Control (DCC) Director Clint Kellum discussed the issue during the department’s September 15 Cannabis Advisory Committee meeting, where federal marijuana rescheduling was a dedicated agenda item.
The lack of direct communication continues a problem DCC first publicly detailed months ago. In a May 18 message to California licensees, Kellum said the department was “working to understand the federal rescheduling process in real time” and had repeatedly sought meetings with federal officials.
“We continue to request meetings with the federal offices leading this work, but so far, we have not received guidance beyond what is publicly available,” Kellum said at the time.
During Tuesday’s meeting, Kellum said the department still “[has] received no formal updates from DEA headquarters on implementation guidance of the order”.
DCC’s current federal rescheduling guidance similarly says the department has requested a meeting with the DEA team handling implementation. According to the state agency, DEA indicated that information would instead be released publicly and simultaneously rather than through individual briefings with states.
The uncertainty comes as federal officials implement an April order placing Food and Drug Administration-approved marijuana products and marijuana covered by qualifying state medical marijuana licenses into Schedule III of the Controlled Substances Act. The order also established an expedited DEA registration process for businesses operating under state medical marijuana licenses.
California has already made several changes in response. DCC streamlined the process for businesses to add or change a medicinal-use designation and in June adopted emergency regulations allowing certain retailers with combined adult-use and medicinal authorization to separate those operations into distinct licenses.
However, the department has cautioned businesses that it is not advising them on whether to seek federal registration and that several implementation questions remain unresolved.
The April action is separate from the broader federal proceeding that could move marijuana generally from Schedule I to Schedule III. DEA held formal hearings on that proposal from June 29 through July 15, with transcripts and other proceeding documents subsequently posted by the agency.
For California regulators, the continuing lack of federal guidance means the state is moving cautiously rather than making broader regulatory changes based on assumptions about how DEA will ultimately oversee state medical marijuana businesses.
Kellum says DCC will continue monitoring federal developments and updating licensees as additional information becomes available.