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QUICK SPARK: DEA Judge Pauses Marijuana Rescheduling Hearing over Federal Process Gaps

Benzinga·09/29/2026 22:57:35
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The U.S. Drug Enforcement Administration has paused proceedings on the Trump administration’s proposal to move marijuana from Schedule I to Schedule III after participants cited a new federal watchdog report that found gaps in the government’s drug-scheduling process, according to Marijuana Moment.

DEA Chief Administrative Law Judge Derek Julius issued a stay Tuesday while considering whether to add the Government Accountability Office report to the record and allow additional briefing. The DEA must respond by Oct. 13 on whether the hearing record should be reopened.

The GAO report found that while DEA scheduling decisions generally aligned with recommendations from the Department of Health and Human Services between 2020 and 2025, both the DEA and Food and Drug Administration lacked comprehensive policies and procedures governing how scheduling evaluations are conducted. The GAO recommended that both agencies establish clearer procedures.

Participants opposing marijuana rescheduling argued that the government’s case for moving cannabis to Schedule III is only as sound as the process used to reach its conclusions.

The DEA has previously argued that marijuana no longer meets the criteria for Schedule I because it has an accepted medical use and can be safely used under medical supervision. The agency asked the judge to recommend moving marijuana to Schedule III.

Photo: VladyslaV Travel via Shutterstock