A federal judge halted the Trump administration’s marijuana rescheduling hearing, demanding the agency respond by October 13 to a motion that seeks to add a GAO report to the record. The stay was issued after opponents filed a motion to include the GAO audit in the record.
Judge Stays Marijuana Rescheduling Hearing
Judge Derek Julius issued a stay on Tuesday after the National Drug and Alcohol Association, DUID Victim Voices, Kenneth Finn, M.D., and other opponents filed a motion requesting that the GAO report be entered into the record. He said the request highlighted procedural gaps in the agency’s evaluation process.
The GAO report concluded that the DEA lacks any policies or procedures for evaluating or scheduling controlled substances, and that the FDA similarly has no defined process for developing scheduling recommendations. These omissions, the report said, undermine the scientific rigor required for rescheduling.
Julius said the argument has merit and ordered a stay pending briefing on the GAO findings. He emphasized that the record must be complete before a final decision is made.
He gave the DEA until October 13 to file a 20‑page response on whether the hearing record should be reopened, and allowed other parties to submit similar briefs. The deadline aims to ensure all evidence is reviewed before the judge renders his recommendation.
Opposition groups argue the government’s case rests on a flawed evaluation process, and the GAO audit shows the agency has no written criteria to move marijuana to Schedule III. They contend the process is arbitrary and fails to meet statutory standards.
In April, Attorney General Todd Blanche reclassified state‑licensed medical cannabis and FDA‑approved products from Schedule I to Schedule III, and a separate order set the stage for a comprehensive rescheduling hearing. The move reflects the administration’s attempt to align policy with emerging medical use.
DEA defenders claim marijuana meets the Schedule I criteria for danger and lacks accepted medical use, but say the HHS ten‑month study and medical practice data demonstrate a currently accepted medical use and low risk under supervision. They argue the substance’s safety profile under medical supervision satisfies the statutory requirements.
They cite more than 30,000 prescribers treating six million patients across 43 jurisdictions, noting that marijuana’s abuse and dependency profiles align with Schedule III rather than Schedule I or II. The data, they say, support reclassification to a lower schedule.
Testimony during the hearing highlighted medical benefits, with an FDA scientist and a New Hampshire physician describing pain relief and opioid alternatives. Their remarks underscored the drug’s therapeutic potential.
Opponents focused on alleged harms of cannabis use and criticized recent changes to the medical‑value analysis, arguing the process remains opaque. They warn that relaxed criteria could undermine public health safeguards.
Activists protested outside DEA headquarters, saying supporters were excluded and the hearing was not livestreamed despite promises of transparency. They demand equal access to the proceedings for all stakeholders.
The D.C. Circuit Court rejected a request to block the administration’s rescheduling effort, while a congressional committee voted to halt further steps, though lawmakers say the provision is unlikely to become law. The litigation and political maneuvering keep the rescheduling debate alive.
