Full marijuana rescheduling is on pause after opponents wave a GAO report
The DEA judge stayed the Schedule III case Sept. 29 over a new GAO report, then ordered more filings Oct. 14. DEA now owes a response by Oct. 21.
The hearing wrapped in July, the DEA told its own judge in August to "expeditiously recommend" Schedule III, and then everything stopped. On September 29, Chief Administrative Law Judge Derek Julius stayed the broader rescheduling case. Three opponents, DUID Victim Voices, Dr. Kenneth Finn and the National Drug and Alcohol Screening Association, asked him to add a new GAO report to the record.
The GAO found the DEA lacks written policies spelling out roles and procedures for drug scheduling, and that the FDA lacks policies on how staff should run scheduling evaluations. The DEA's response: fine, put it in the record, but no more briefing. The agency said the report shows gaps in how the process is documented, not flaws in the process itself.
Opponents then upped the ask, seeking to reopen the hearing for limited new testimony and document discovery. On October 14, Julius ordered the DEA to answer that motion by October 21, let opponents reply to the DEA's last filing, and held off ruling on the GAO report. The case stays frozen in the meantime.
Why it matters: Every week of delay pushes back a final rule for adult-use marijuana. The April order covering state medical marijuana isn't affected.
