A new GAO report just put the brakes on the DEA's marijuana rescheduling hearing

The DEA's chief administrative law judge has stayed the proceeding that would decide whether marijuana as a whole moves to Schedule III. The pause follows a request from a group of opponents, including the National Drug and Alcohol Association, DUID Victim Voices and Dr. Kenneth Finn, who want a new Government Accountability Office report added to the hearing record.

The GAO report flags gaps in how federal agencies evaluate and schedule controlled substances, finding that neither DEA nor FDA has written procedures telling staff how to run those evaluations. Opponents argue that undercuts the process behind rescheduling; supporters will likely say it is a delay tactic.

The DEA has until October 13 to respond on whether the record should be reopened. That is a narrow procedural question, but it decides whether the hearing resumes on schedule or picks up another round of briefing.

For operators, remember this is separate from April's action, which moved state-licensed medical marijuana and FDA-approved products to Schedule III. The open question is the adult-use side, and with tax guidance on 280E still unwritten, treat any 2027 planning that assumes full rescheduling as optimistic.