DEA Opposes Reopening Marijuana Rescheduling Hearing After GAO Report
The Drug Enforcement Administration is fighting a motion to reopen marijuana rescheduling hearings after a federal audit revealed a lack of documented scheduling policies.
The Drug Enforcement Administration is opposing a motion to reopen hearings regarding the rescheduling of marijuana following a report from the Government Accountability Office. The federal auditor found that both the DEA and the Food and Drug Administration lack documented policies and procedures for drug scheduling and the evaluation of abuse potential.
MMJ International Holdings, Inc. argues that this lack of transparency requires testimony from the individuals who applied these undocumented standards. The company contends that the government's failure to maintain a written rulebook necessitates further discovery to understand how the April 2026 rescheduling order was reached.
The DEA has dismissed the request as a fishing expedition, arguing that the absence of written procedures means there are no additional records to discover. The agency further claims that opponents had sufficient opportunity to cross-examine witnesses, though MMJ International Holdings disputes this, citing a Touhy letter that restricted witness testimony. The hearing remains stayed while Chief Administrative Law Judge Derek C. Julius considers the motion.