DEA Judge Puts Federal Cannabis Rescheduling Process on Pause

DEA Chief Administrative Law Judge Derek C. Julius paused the federal cannabis rescheduling hearing this week to consider adding a new Government Accountability Office (GAO) report to the hearing.

The report found that the DEA and FDA both lack procedures for properly evaluating and scheduling substances, and recommended that the agencies adopt policies to remedy the situation.

“DEA and FDA have policies that address aspects of the scheduling process, including a memorandum of understanding (MOU) for sharing information; however, these policies have gaps. For example, DEA does not have policies that identify roles, responsibilities, and procedures related to scheduling. FDA does not have policies or procedures specifying how its staff are to conduct evaluations or develop recommendations. Developing such policies and procedures could help ensure operational consistency, especially if key personnel with longstanding subject matter expertise depart.” — Excerpt from the GAO report

The cannabis rescheduling hearing officially ended in July, and post-hearing briefs were filed in August. Until this week, the last step anticipated in the hearing process was the judge’s final ruling.

The National Drug & Alcohol Screening Association and the advocacy group DUID Victim Voices submitted the motion to include the GAO report on September 28. Officials and other interested parties have until October 13 to respond.

Meanwhile, cannabis stock prices sank this week after reports that the rescheduling hearing was delayed.