News · United States
The DEA says a federal watchdog report on gaps in its process should carry "no weight" in the cannabis rescheduling case. The judge has let the report into the record, so its weight is still to be argued.
Key points
- The DEA filed a brief on Thursday asking the judge to give the GAO report no weight.
- The judge refused to reopen the hearing but admitted the report and invited briefs on its weight.
- Judge Derek Julius must now prepare a recommendation on rescheduling.
The US cannabis rescheduling process, pushed by the Trump administration, is in an administrative hearing. A new twist came on 30 October 2026, according to Marijuana Moment.
What the DEA is asking the judge
The DEA filed a brief on Thursday. It asks the judge to give “no weight” to a report from the GAO, the Government Accountability Office, in his recommendation on rescheduling.
The GAO looked at how federal agencies evaluate controlled substances. Its findings are at the heart of the dispute.
What the GAO report found
According to Marijuana Moment, the report found two gaps:
- The DEA has “no policies or procedures” on how its staff should evaluate or classify substances.
- The FDA has “no policies or procedures” on how its staff should assess or develop classification recommendations.
The federal agencies accepted the findings. They committed to building written policies going forward, per the same source.
The judge’s decision on the report
Judge Derek Julius turned down a request from opponents of rescheduling. They wanted to reopen the hearing for extra testimony and document discovery about the GAO report.
He did let the report enter the record. He also invited the parties to file briefs on how much weight it should get.
The arguments on each side
The DEA says the factors used for its abuse analysis were public and available to the parties for over two years before the hearing, as Marijuana Moment reports.
Opponents see it differently. The NDASA, DUID Victim Voices and Kenneth Finn argue the report deserves decisive weight. In their view, it explains why the government cannot answer two key questions on the science behind the change of test.
SAM (Smart Approaches to Marijuana) and several states, including Idaho, Indiana and Nebraska, make another point. They say the lack of standard policies for judging “relative” abuse potential gives the FDA improper discretion to steer results.
Anti-rescheduling groups also argue that the process began with a presidential directive. They add that industry stakes run to billions of dollars, according to the same outlet.
Background: from five factors to two
An older five-element test was used to assess accepted medical use of cannabis. A new two-element test was applied instead. The GAO report touches on how that kind of change is justified.
What this changes for you
For now, nothing changes directly for shoppers in Europe. This is a US administrative procedure, and its outcome is still open.
It could, however, shape how the US treats cannabis in the coming months, and so the wider debate. If you follow US cannabis policy, our piece on the DEA Minnesota dispensary denial adds more context.
For a broader view of the product side, our guide explains what cannabis edibles are.
What happens next
Judge Derek Julius must prepare a recommendation on rescheduling. He will weigh the parties’ briefs on the GAO report first.
Several things remain unknown: how much weight he gives the report, whether rescheduling is approved or rejected, and whether he finds the government’s procedures sufficient.
FAQ
What is the GAO report about?
It reviewed how federal agencies evaluate controlled substances. According to Marijuana Moment, it found that neither the DEA nor the FDA has written policies on how staff should assess or classify substances.
Did the judge reopen the hearing?
No. Judge Derek Julius rejected that request. He did admit the GAO report to the record and asked the parties for briefs on its weight.
Is cannabis rescheduled yet?
No. The process is still in an administrative hearing. The judge must prepare a recommendation, and the outcome is not known.
Sources
- Marijuana Moment — DEA Says Trump's Marijuana Rescheduling Move Isn't Weakened By Federal Watchdog Report That Found 'Gaps' In Process
- Star Tribune on MSN — DEA proceeds with federal medical cannabis changes, but Minnesota is shut out
- The Herald Journal — Trump Marijuana Reclassification
