A federal administrative law judge has temporarily stayed the Drug Enforcement Administration’s proceedings on moving all marijuana to Schedule III, so a new Government Accountability Office report on drug scheduling can be considered. The stay was issued on Sept. 29, 2026, at the request of opponents of rescheduling. It does not, based on the sources reviewed, undo the medical marijuana changes DEA finalized in April.
What happened
According to a National Law Review analysis, DEA’s administrative law judge stayed the proceedings on Sept. 29. NORML reports that Judge Derek C. Julius issued the order after three opponents of rescheduling (DUID Victim Voices, Kenneth Finn, M.D., and the National Drug and Alcohol Association) asked for the stay. Their motion asks that findings from the GAO report be added to the hearing record.
The National Law Review reports that the judge also wants to consider supplemental briefing on rescheduling all marijuana products, not only FDA-approved ones. Government responses to the motion are due Oct. 13, 2026, after which the judge will decide whether to admit the report.
What the GAO report says
The report, GAO-26-108623, was released Sept. 23, 2026. It examines drug scheduling generally and does not focus on marijuana. Key findings:
- DEA took scheduling actions on 208 substances from 2020 through 2025. For the 95 that required HHS evaluations and recommendations, DEA considered all of them.
- For the 84 of those 95 with a published final rule as of Dec. 31, 2025, DEA’s final decision aligned with HHS’s recommendation. The other 11 remain under extended temporary scheduling orders.
- GAO found that both DEA and FDA need comprehensive written policies and procedures for their roles in scheduling.
GAO made three recommendations: that DEA develop scheduling policies and procedures, that FDA develop procedures for conducting evaluations, and that FDA and the National Institutes of Health update their memorandum of understanding on scheduling recommendations. All three recommendations were listed as open on GAO’s page. The report is about process. It does not recommend for or against rescheduling marijuana.
Where marijuana scheduling stands now
On Dec. 18, 2025, President Trump signed an executive order directing the attorney general to move marijuana to Schedule III. DEA then published a final rule on April 28, 2026, placing two categories in Schedule III: marijuana in FDA-approved drug products and marijuana subject to a state medical marijuana license, according to Gibson Dunn (91 Fed. Reg. 22714).
Unlicensed marijuana, bulk marijuana, and extracts that are not part of an FDA-approved product remain in Schedule I. An expedited hearing on moving all marijuana to Schedule III is the track now paused.
What this means for readers
- Nothing changed overnight. The April rule for state-licensed medical marijuana is not described as affected by the stay in the sources reviewed. The order itself was not independently reviewed.
- Rescheduling is not legalization. Moving a drug to Schedule III does not make recreational or unlicensed use lawful under federal law. State laws still govern state markets. See our guide on whether cannabis is legal in all 50 states.
- Rescheduling and descheduling differ. Our interview on rescheduling vs. descheduling explains the distinction.
What happens next
Per the National Law Review, the process would continue with an ALJ opinion, possible exceptions filed by parties, review by the DEA administrator, and then a proposed rule with a comment period before any final rule. A final rule could be challenged in federal court. No decision date has been announced.
Open questions: whether the judge admits the GAO report, how supplemental briefing affects the schedule, and how FDA treats marijuana sold as foods or supplements, which remains unclear.
Background: history of cannabis legalization in the United States.
This article is for information only and is not legal or financial advice.
Sources
- GAO-26-108623, Drug Scheduling (Sept. 23, 2026)
- National Law Review: Marijuana Rescheduling Temporarily Paused
- NORML: Administrative Law Judge Temporarily Stays Cannabis Rescheduling Proceedings
- Gibson Dunn: DEA Downschedules State Medical Marijuana to Schedule III
