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DEA Judge Stays Rescheduling Case: Is This a Dead End?

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Cannabis lawyer Tom Howard explains that after closing briefs were filed August 17 in the federal marijuana rescheduling hearing before Judge Derek Julius, opponents (the National Drug and Alcohol Screening Association, DUID Victim Voices, and Dr. Kenneth Finn) submitted a newly issued September 23 GAO audit on drug scheduling procedures and sought to add it to the record and obtain more briefing, leading Julius on September 29 to stay the case and require a government response by October 13.

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This episode is sponsored by Howard East—counsel for regulated operators, from dispensaries to data centers.

Sources discussed:
Signed stay order and opponents’ motion:
https://www.documentcloud.org/documents/28698468-dea-marijuana-hearing-order-and-motion/

GAO drug scheduling report:
https://www.gao.gov/products/gao-26-108623

21 CFR 1316.52—Presiding officer:
https://www.ecfr.gov/current/title-21/chapter-II/part-1316/subpart-D/section-1316.52

21 CFR 1316.65—Report and record:
https://www.ecfr.gov/current/title-21/chapter-II/part-1316/subpart-D/section-1316.65

Recorded analysis reflects the record as of October 3, 2026.

#MarijuanaRescheduling #CannabisNews #DEA

00:00 Delay Hits Operators
01:09 GAO Report Triggers Pause
02:02 What The Stay Order Does
02:36 Judge Authority After Hearing
03:41 Inside The GAO Findings
04:58 Opponents Seek Do Over
05:32 Law Limits GAO Role
07:57 Best Case For The Pause
09:14 Real World Cost Of Waiting
10:18 Sponsor And April Rule
11:12 What Happens Next
11:53 Closing Thoughts And Call