NDASA Secures Procedural Win on Marijuana Rescheduling

The National Drug & Alcohol Screening Association (NDASA) and its partners have secured a significant procedural victory in the ongoing marijuana rescheduling proceeding, a move that has implications for workplace safety and public health. The U.S. Government Accountability Office (GAO) released a report identifying gaps in the Drug Enforcement Administration (DEA) and Food and Drug Administration (FDA) policies governing drug scheduling evaluations and decisions. This report, released on September 23, prompted NDASA, DUID Victim Voices, and Dr. Kenneth Finn to file a joint motion on September 28 to admit the GAO findings into the hearing record and permit supplemental briefing.

Following the filing of the motion, DEA Chief Administrative Law Judge Derek C. Julius stayed the proceeding on September 29, pending resolution of the motion. The judge ordered the government to respond by October 13, 2026, and other interested parties were given the opportunity to respond by the same date. The stay of the proceeding means that the marijuana rescheduling matter will not advance until the judge resolves whether to admit the GAO report and authorize additional briefing.

This procedural pause is significant because it provides NDASA and its partners with an opportunity to make their case for greater scrutiny of the process behind the proposed move to reschedule marijuana to Schedule III. The GAO report highlighted several critical issues, including the lack of comprehensive policies defining the roles, responsibilities, and procedures of the DEA and FDA in drug scheduling evaluations and decisions. The report also identified gaps in FDA's written policies for conducting evaluations and developing scheduling recommendations, including criteria for assessing a substance's potential for abuse relative to other substances.

For NDASA and the screening industry, the stakes extend beyond the regulatory classification of marijuana. Employers and screening professionals depend on sound science and clear federal policies to support workplace safety. NDASA and its partners argue that the newly identified procedural gaps warrant examination before the tribunal issues its recommended decision. The industry has a responsibility to speak up when decisions in Washington carry consequences for workplace safety, according to Jo McGuire, NDASA's Executive Director.

The immediate next step is the October 13 response deadline, after which the judge will determine how to resolve the joint motion. The stay does not decide whether marijuana should be rescheduled; admission of the GAO report and authorization for supplemental briefing remain pending. This pause creates an opportunity for a more complete record, allowing NDASA and its partners to ensure that the voices of their industry and the people it helps protect are heard.

The pause in the marijuana rescheduling proceeding is a procedural victory for NDASA and its partners, providing them with a crucial opportunity to advocate for greater scrutiny of the process. The stakes are high, as the industry and its partners seek to ensure that any decision on marijuana rescheduling is based on sound science and transparent decision-making. The pause allows for a more comprehensive review of the process, ensuring that the voices of the industry and the people it serves are heard.