Arizona Tribune - Can You Imagine the Government Making Marijuana Scheduling Decisions Without Written Rules?

WASHINGTON, D.C. / ACCESS Newswire / October 22, 2026 / Can you imagine government agencies making consequential decisions without comprehensive written procedures explaining how those decisions are reached?

That question is now squarely before the country in the federal marijuana rescheduling proceeding. A recent Government Accountability Office (GAO) report found that the Drug Enforcement Administration (DEA) and the Food and Drug Administration (FDA) need more comprehensive policies for drug-scheduling decisions. The report said the agencies' decisions aligned with recent recommendations from the Department of Health and Human Services, while identifying gaps in the written policies governing the process.

On Oct. 22, Chief Administrative Law Judge Derek C. Julius ordered the GAO report admitted into the hearing record as Finn Exhibit 126. He also authorized optional, limited supplemental briefs on what weight the report should receive and whether the policy gaps it identifies affect the marijuana rescheduling proposal. Initial briefs are due Oct. 29, with replies due Nov. 5.

"People expect government decisions with major consequences to follow clear, consistent rules," said Duane Boise, president and CEO of MMJ International Holdings. "The GAO report raises a basic question: what written standards guide the agencies when they evaluate the evidence and decide where a substance belongs under the Controlled Substances Act?"

The ruling does not decide whether the marijuana rescheduling proposal is legally or scientifically justified. It admits the GAO report and gives the parties a limited opportunity to address its relevance to this proceeding.

Judge Julius denied a request to reopen the hearing for additional discovery and testimony. He concluded that the report speaks for itself and that the requested testimony was unnecessary to assess its findings. The judge also noted that the hearing record already contains more than 2,500 pages of witness testimony and thousands of pages of documentary evidence.

The judge's order identifies the central dispute as the report's weight and impact: whether the gaps in written rescheduling policies are significant enough to affect the broader process and the proposal before the tribunal. The government has argued that the report does not present new evidence relevant to the specific matter, while deferring to the judge on whether it should be admitted.

The proceeding remains stayed through the limited briefing schedule. The stay will expire by its terms when that schedule closes.

For Boise, the issue reaches beyond marijuana policy. "When agencies make decisions that affect public health, regulated businesses, patients, and the public, the process should be transparent and grounded in documented standards. The parties now have an opportunity to explain what the GAO's findings mean for this case."

About MMJ International Holdings

MMJ International Holdings is developing cannabinoid-based medicines through the FDA's clinical drug development pathway, including investigational programs for multiple sclerosis and Huntington's disease.

CONTACT:
Madison Hisey
[email protected]
203-231-8583

SOURCE: MMJ International Holdings

View the original press release on ACCESS Newswire

A.Taylor--AT