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ARTICLE · 14 OCTOBER 2026

"Marijuana" Rescheduling Delayed, Again. What It Could Mean, And What Comes Next

The DEA's marijuana rescheduling hearing has been unexpectedly stayed following a motion to admit a new GAO report examining agency scheduling procedures. With the proceeding on hold and the medical marijuana Schedule III order facing legal challenges in the D.C. Circuit, the cannabis industry's path to federal tax relief through rescheduling has become increasingly uncertain.

United StatesCannabis & Hemp

What just happened in the marijuana rescheduling hearing

On September 28, 2026, three participants in the ALJ marijuana rescheduling hearing filed a “Joint Motion for Leave to File Supplemental Briefing, for Admission of Supplemental Exhibit, and for Stay of Proceedings.” The motion was submitted by DUID Victim Voices, Kenneth Finn, M.D., and the National Drug and Alcohol Association (collectively, the “Interested Parties”).

The motion asks the ALJ to “allow the admission of the U.S. Government Accountability Office’s (“GAO”) report entitled “Drug Scheduling: While DEA Decisions Have Aligned with Recent HHS Recommendations, Both Need Comprehensive Policies” (the GAO Report), published on September 23, 2026, into the record. . .”. It also “requests an additional briefing period on the contents of the GAO Report and how it impacts these proceedings, if at all.” Finally, the Interested Parties requested a brief stay while those issues are resolved.

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