DEA brief to DEA Judge…
Here are strong, usable quotes from the Government’s Post-Hearing Brief (August 17, 2026) in the DEA marijuana rescheduling hearing (DEA Docket No. 1362 / Hearing Docket No. 26-96), with page citations.
These are drawn from the official DOJ/DEA brief arguing that marijuana no longer meets the statutory requirements for Schedule I.
Core Statutory Arguments (Best for South Dakota Schedule I Challenges)
• “Marijuana can no longer remain in Schedule I because it no longer satisfies two of the three statutory requirements of 21 U.S.C. § 812(b).” (p. 49)
• “Marijuana no longer fits two of the three statutory requirements to remain in Schedule I.” (p. 1)
• “Marijuana should be transferred from Schedule I to Schedule III on the basis that marijuana no longer fits two of the three statutory requirements to remain in Schedule I.” (p. 1)
• “Marijuana no longer satisfies the statutory requirements to remain in Schedule I.” (p. 26)
• “Marijuana has at least one currently accepted medical use, [and therefore] marijuana can no longer remain a Schedule I controlled substance.” (p. 1)
Currently Accepted Medical Use (CAMU)
• “Marijuana has medical benefits for three distinct medical conditions: chronic pain, treatment of anorexia related to a medical condition (anorexia), and nausea and vomiting in conjunction with chemotherapy (nausea and vomiting).” (p. 1)
• “Marijuana has CAMU for chronic pain, anorexia/wasting, nausea and vomiting.” (p. 25)
• “Marijuana has a currently accepted medical use for rescheduling purposes.” (p. 25)
• “Marijuana has CAMU, which this Tribunal must find to transfer marijuana from Schedule I.” (p. 2)
• “Marijuana has a currently accepted medical use in treatment in the United States.” (p. 10, quoting the Schedule III standard)
Safety Under Medical Supervision
• “There is no longer a lack of accepted safety for use of marijuana under medical supervision.” (p. 1)
• “Marijuana has safely been accepted for use under medical supervision.” (p. 26)
• “38 states have established regulatory regimes that have allowed over 30,000 doctors to treat more than six million patients.” (p. 49)
(Note: some places in the brief use “43 US jurisdictions”)
• “Currently there are over 30,000 practitioners treating more than six million patients in 43 U.S. jurisdictions.” (p. 1)
Abuse Potential / Comparison to Other Substances
• “Marijuana’s abuse and dependence profiles better align with Schedule III controlled substances than those contained within Schedule I or II.” (p. 1)
• “Marijuana’s abuse and dependency profiles better align with Schedule III.” (p. 2)
• “The vast majority of individuals who use marijuana do so in a manner that does not result in dangers to themselves or to their communities.” (p. 9)
• “Consistently across databases, across drugs and over time, marijuana has shown fewer adverse outcomes than heroin and alcohol and has been ranked consistently last when compared to other substances for overdose causing death.” (p. 9)
Overall Government Position
• “Marijuana should be transferred from Schedule I to Schedule III.” (p. 3)
• “Marijuana should remain a controlled substance but should be transferred from Schedule I to Schedule III.” (p. 2)
• “The Opposed Parties’ arguments have no merit.” (p. 2)
Recommendation for use in South Dakota filings:
The strongest cluster for a state-level petition or lawsuit is the combination of:
1. The repeated assertion that marijuana no longer meets two of the three Schedule I criteria (pp. 1, 26, 49),
2. The explicit findings of currently accepted medical use for specific conditions, and
3. The quantification of state-regulated medical use (30,000+ doctors / 6+ million patients).
These statements come from the federal government’s own post-hearing brief, which gives them significant weight when arguing that South Dakota’s continued Schedule I classification is inconsistent with the current federal evidentiary record.
Read the brief here:
WeedPress: The Paper Trail 
Leave a comment