Rescheduling Hits Pause - Over a Report About Paperwork

The marijuana rescheduling hearing was waiting on one thing: Chief Administrative Law Judge Derek Julius's recommendation. Now it's waiting on two. On September 29, Judge Julius stayed the proceeding while he decides whether a brand-new federal watchdog report should go into the record.

What paused it

Three parties that oppose rescheduling asked to reopen the record: the National Drug and Alcohol Association, DUID Victim Voices, and Kenneth Finn, M.D. Their exhibit is a September 23 Government Accountability Office report on how drugs get scheduled. The judge said he "finds merit" in their argument and that a stay was warranted while he weighs the motion.

The GAO's findings cut both ways:

  • DEA's final decision matched HHS's recommendation for all 84 substances that had a published final rule by the end of 2025.
  • But GAO also found DEA has no policies spelling out roles, responsibilities, and procedures for scheduling, and FDA has none for how its staff conduct evaluations or develop recommendations.

In short, the outcomes have been consistent and the process is undocumented. Opponents want the second part in front of the judge.

What happens next

DEA's response, capped at 20 pages, is due October 13. The order sets no end date for the stay, so the judge's recommendation is on hold until he rules. And remember, his recommendation was never the final word. The DEA administrator makes the final determination.

What this doesn't touch

  • The April Schedule III order. The Attorney General's April order that moved FDA-approved products and state-licensed medical marijuana to Schedule III was a separate action. This hearing is about moving marijuana more broadly, and that's all the stay pauses.
  • The Carolinas. South Carolina and North Carolina each have only a narrow low-THC, high-CBD law, not a state medical marijuana license program, so the April order changed little here. The broader hearing is the one that would matter locally, and it's the one now paused.
  • Hemp. This hearing is about marijuana's schedule, not the hemp definition. Federal hemp deadlines are unchanged: most intoxicating hemp products lose federal status on December 11, 2026, and cannabinoids the plant can't naturally produce lose it on November 12. Here's our breakdown of the two dates.

We'll update when the judge rules on the motion.

Sources

Educational content, not legal advice. Laws change - verify with official sources.

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