DEA judge stays marijuana rescheduling case pending GAO report review

Chief Administrative Law Judge Derek C. Julius has issued a stay in the federal marijuana rescheduling case, pausing proceedings while he considers a motion to include a new Government Accountability Office (GAO) report in the administrative record.

The motion was filed by three parties—DUID Victim Voices, Kenneth Finn, M.D., and the National Drug and Alcohol Screening Association—following the release of a GAO report on September 23. The audit identified deficiencies in federal drug-scheduling procedures, noting that the DEA lacks clear policies regarding staff roles and responsibilities, and the Food and Drug Administration lacks written procedures for conducting evaluations or developing scheduling recommendations.

The judge has ordered the Drug Enforcement Administration (DEA) to file a response to this motion by October 13. If the judge decides to admit the GAO report, additional briefing will be required before a recommended decision is issued regarding whether to move marijuana from Schedule I to Schedule III of the Controlled Substances Act.