The path to move cannabis to Schedule III has hit a snag. An administrative law judge overseeing the process paused the proceedings after the release of a government report suggesting there could be “gaps” in the system.
The report from the U.S. Government Accountability Office (GAO) states that the Drug Enforcement Administration (DEA) and Food and Drug Administration (FDA) lack comprehensive written procedures for evaluating drugs—something that could lead to inconsistent decisions.
The GAO reviewed drug-scheduling actions from 2020 through 2025, and did not consider the current cannabis rescheduling case.
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The National Drug and Alcohol Screening Association, DUID Victim Voices and physician Kenneth Finn asked the judge to pause the case while he considers whether to add the report and allow supplemental briefing. They argued that the findings could be relevant in the judge’s decision-making.
Julius ordered the case paused while he considers the motion, according to Marijuana Moment.
Julius ordered the DEA to file a response by Oct. 13 to determine whether to add the report to the hearing record. Other participants may submit responses if they choose.
If Julius adds the report to the record, he could allow the parties to file supplemental arguments on its relevance. That could delay his recommendation to the DEA administrator, who will make the final agency decision.
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Attorney Christine Senne told GreenState that the motion does not reject cannabis rescheduling, but the future remains unclear.
“It stops the process temporarily but does not end it altogether,” Senne said of the motion. “This stay was granted based on a procedural argument. We have yet to see whether it will have a longer-term impact on the rescheduling process.”
A separate April order moved FDA-approved marijuana products and state legal medical marijuana to Schedule III. The current stay does not undo that change.
But for those wondering if all cannabis will become Schedule III, there may be a bit more time before there’s an answer.
