DEA judge won't reopen the rescheduling hearing, but he will let the GAO report be argued in writing

DEA's chief administrative law judge, Derek Julius, ruled on October 22 that the marijuana rescheduling hearing will stay closed. Opponents of moving the whole plant to Schedule III had asked to bring in new testimony and pry loose more agency documents. The judge said part of what they wanted was immaterial to the narrow question before him, and the rest could have been raised when witnesses were on the stand.

He did give them something. The strongest argument, he wrote, concerned a Government Accountability Office report released last month that flagged gaps in how DEA and FDA document their procedures for evaluating and scheduling substances. Rather than take more testimony, he admitted the report into the record and ordered limited briefing on two points: how much weight it deserves, and whether the gaps it describes are big enough to affect this proposal.

The schedule is short. Opening briefs are due October 29, replies November 5, and further filings are disfavored. The case stays paused until then. The judge also observed that DEA and the opponents may understand the report more similarly than their filings suggest, framing the fight as one of weight rather than facts. DEA had called the discovery request a fishing expedition.

What this means for operators: the process is moving, not stalling, but it is not finished. After briefing closes, the judge still has to issue a recommendation, and litigation over the process continues in the D.C. Circuit. April's order already covers state-licensed medical products, so the open question is adult-use. Keep 280E planning conservative until a final rule actually lands.