DEA Chief Administrative Law Judge Derek Julius issued a stay on Tuesday in the agency's marijuana rescheduling hearing, pausing the proceedings after parties opposed to rescheduling asked him to add a Government Accountability Office report to the record. The order directs the Drug Enforcement Administration to file a response of up to 20 pages by October 13 on whether the hearing record should be reopened to include the GAO report.
DEA judge stays marijuana rescheduling hearing over GAO drug-scheduling report
DEA Chief Administrative Law Judge Derek Julius issued a stay on Tuesday in the agency's marijuana rescheduling hearing, pausing the proceedings after parties opposed to rescheduling asked him to add a Government Accountability Office report to the record. The order directs the Drug Enforcement Administration to file a response of up to 20 pages by October 13 on whether the hearing record should be reopened to include the GAO report.
The GAO report found that DEA "does not have any policies or procedures regarding how its staff are to conduct evaluations or schedule substances" and that the Food and Drug Administration "does not have policies or procedures specifying how its staff are to conduct evaluations or develop scheduling recommendations for substances." Julius wrote that he "finds merit in this argument that, if the record were to be extended to also include the GAO Report, a stay would be warranted to await briefing on it," adding: "Likewise, while considering the merits of the instant Motion to add the GAO Report to the record and allow supplemental briefing, a stay is warranted for the same reasons." His order states that the matter "is STAYED pending the Motion's resolution." Other parties in the hearing are "permitted, but not required, to file responses" of the same length, the order said.
The hearing took testimony in June and July. Until the stay, the only remaining expected step was for Julius to issue his own recommendation on rescheduling to the DEA administrator, who would then make a final determination on the policy. Attorney General Todd Blanche in April issued an order that immediately reclassified state-licensed medical cannabis, as well as marijuana products approved by the FDA, from Schedule I of the Controlled Substances Act to Schedule III; under a separate order he signed, the DEA hearing was held to consider more comprehensively moving marijuana to Schedule III.
During the hearing, DEA officials defending the proposal highlighted testimony on marijuana's medical benefits and its relative safety compared with substances such as alcohol and opioids, including appearances by an FDA scientist and a medical doctor from New Hampshire who described how medical marijuana provides relief to pain patients and can serve as an alternative to opioids, according to the source. Lawyers and witnesses for parties opposed to rescheduling focused on harms of cannabis use they alleged, and criticized recently adopted changes to an analysis used to determine whether drugs have accepted medical value.
DEA invited only organizations and people who oppose marijuana reform to join the hearing as designated participants, telling supporters they do not meet the definition of an "interested person" because they are not "adversely affected or aggrieved by any rule or proposed rule issuable." Ahead of the hearing's start, marijuana reform activists held a press conference outside DEA headquarters. Marijuana Moment said it sent requests to Julius and to DEA Administrator Cole asking them to reverse a decision prohibiting the public from livestreaming the hearing; the source says a congressman and other journalists later joined that request.
A prior hearing process on marijuana rescheduling initiated by the Biden administration stalled last year amid litigation over alleged improper communications and witness selection. The current process is being challenged in several lawsuits consolidated by a federal appeals court, filed by state attorneys general, marijuana legalization opponents and a cannabis-focused biopharmaceutical corporation, according to the source. The U.S. Court of Appeals for the District of Columbia Circuit recently rejected a request by a drug testing industry association and a pharmaceutical company to block the Trump administration from moving forward with rescheduling while the litigation is considered. A congressional committee recently voted to block federal officials from taking further steps to carry out rescheduling, though bipartisan lawmakers told Marijuana Moment they do not believe that provision will be enacted into law.
- The source does not give a calendar date for the stay beyond describing it as issued on Tuesday, or a release date for the GAO report.
- The source does not state when Julius will rule on the motion to add the GAO report to the record or when the hearing might resume.
- The source does not state the GAO report's other findings beyond the two passages it quotes.
- The source does not state the reasoning behind the Department of Health and Human Services recommendation for rescheduling beyond describing a ten-month study of cannabis.
- The source does not state how many parties are participating in the hearing or identify the full witness list.
- The source does not describe any position taken by DEA Administrator Cole or by the DEA administrator's office on the rescheduling proposal.
- The source does not state the arguments made by the state attorneys general, legalization opponents and biopharmaceutical corporation that filed the consolidated lawsuits.
- The source identifies Todd Blanche as attorney general; it does not otherwise describe his role or title.
Read the original at Marijuana Moment