American Marconi Wireless News - DEA's Marijuana Rescheduling Defense Under Fire: The Fallout From GAO's Procedural Findings

WASHINGTON, D.C. / ACCESS Newswire / October 22, 2026 / MMJ International Holdings, Inc. (MMJIH) today called attention to a growing contradiction in the federal government's defense of marijuana rescheduling.

On September 23, 2026, the Government Accountability Office released Drug Scheduling: While DEA Decisions Have Aligned with Recent HHS Recommendations, Both Need Comprehensive Policies (GAO-26-108623). GAO found that the Drug Enforcement Administration has no policies identifying roles, responsibilities, and procedures for scheduling. It also found that the Food and Drug Administration has no policies or procedures specifying how its staff conduct scheduling evaluations or develop recommendations.

GAO directed FDA to develop the criteria and process for determining a substance's "potential for abuse," including abuse potential relative to other substances. That is the central statutory question in any scheduling decision. DEA, FDA, and NIH concurred with all three of GAO's recommendations.

The government's response

On October 20, DEA opposed a motion asking Chief Administrative Law Judge Derek C. Julius to reopen the marijuana rescheduling hearing (DEA Docket No. 1362, Hearing Docket No. 26-96) for limited discovery and testimony in light of the GAO findings. DEA called the request "an obvious fishing expedition."

DEA's central argument is that the GAO report shows the absence of written procedures, so there are no records to add. That argument proves the opponents' point. If no written standard governed how FDA assessed abuse potential or applied its new two-part test for "currently accepted medical use," the only way to learn what standard was used is to ask the people who applied it.

The Touhy contradiction

The government's own filing reveals a second problem. Before the hearing, the government issued a Touhy letter limiting FDA's Dr. Dominic Chiapperino to three topics beyond the HHS report. In the same filing opposing discovery, DEA argues that opponents "had full opportunity" to cross-examine him and are seeking a "second bite at the apple."

A party cannot restrict what its witness may say and then fault the other side for not getting answers outside those limits.

"The government's own auditor found there is no written rulebook for how these decisions get made, and the agencies agreed," said Duane Boise, President and CEO of MMJ International Holdings. "Now DEA says there's nothing to look at. That's not an answer. Companies on the FDA pathway have to document every step of our chemistry, manufacturing, and stability work before a single patient is dosed. A decision that reclassifies a drug nationwide should meet at least that standard of transparency. MMJ is not anti-marijuana. We are anti-bad science and anti-fake process."

What GAO did and did not find

GAO reviewed scheduling actions from 2020 through 2025. It found that DEA's final decisions aligned with HHS recommendations in all 84 cases with a published final rule. GAO did not evaluate the marijuana recommendation specifically, and it did not find any scheduling decision invalid.

Its finding is institutional: DEA and FDA lack documented procedures to ensure consistency. GAO noted this is a particular concern when experienced personnel leave. That is exactly why the record in a contested, high-stakes proceeding deserves scrutiny instead of dismissal.

What happens next

The hearing remains stayed. Judge Julius may admit the GAO report, allow additional testimony, permit supplemental briefing, authorize limited additional evidence, or deny reopening. The final recommended decision will go to the DEA Administrator, who makes the determination.

MMJIH is not a party to the administrative hearing. It is a petitioner in consolidated D.C. Circuit litigation challenging the April 2026 rescheduling order (Nos. 26-1106, 26-1130, 26-1136).

About MMJ International Holdings

MMJ International Holdings, Inc. is a pharmaceutical company developing cannabinoid-based medicines exclusively through federal regulatory pathways. MMJ holds two active Investigational New Drug applications, for Huntington's disease and multiple sclerosis, and FDA Orphan Drug Designation for its Huntington's disease program. It also holds a DEA Schedule I analytical laboratory registration and has a bulk manufacturing registration application pending with DEA since 2018.

MMJ's drug product is a finished soft-gel capsule in final dosage form. It is reproducible and stable, and it was manufactured for use in clinical trials. MMJ is seeking to demonstrate its safety and efficacy through FDA-regulated clinical investigation.

Media Contact:
Madison Hisey
[email protected]
203-231-8583

Source documents:

• U.S. Government Accountability Office, GAO-26-108623 (Sept. 23, 2026): https://www.gao.gov/products/gao-26-108623
• Government's Response, DEA Hearing Docket No. 26-96 (Oct. 20, 2026) published by Marijuana Moment

SOURCE: MMJ International Holdings

View the original press release on ACCESS Newswire

G.Stevens--AMWN