Marijuana rescheduling stalls again. Here's who's stopping it

The DEA's chief judge gave opponents more time, both Massachusetts senators came out against Question 8, and Pennsylvania's Senate takes up Ryan's Law on Monday.

The judge's new order

The hearing on moving marijuana to Schedule III wrapped up this summer. The only step left was the recommendation from the DEA's chief administrative law judge, Derek Julius. Then opponents pointed to a new report from the Government Accountability Office, the government's own watchdog, which found the DEA "does not have any policies or procedures regarding how its staff are to conduct evaluations or schedule substances." The judge paused the case.

In a filing made public on October 13, the DEA said it defers to the judge on adding the report, but argued it shows gaps in paperwork, "not any flaws in the rescheduling process itself," and opposed more briefing: "When a document's meaning is clear, the court need not allow additional argument."

On Wednesday, October 14, the judge let the opponents reply and ordered the DEA to answer their request to reopen the hearing for new testimony and documents. He hasn't ruled on the report yet.

Who's fighting it

• The National Drug & Alcohol Screening Association, DUID Victim Voices and Dr. Kenneth Finn asked for the pause and for a "narrow reopening of the hearing."
• Smart Approaches to Marijuana and the states of Idaho, Indiana and Nebraska asked for more briefing.

Massachusetts Question 8

Question 8 on the November 3 ballot would end legal recreational sales and home growing. Owning cannabis and medical marijuana would stay legal.

• Sen. Elizabeth Warren: voting no. "Legalizing cannabis is better than continuing an unregulated, underground market."
• Sen. Ed Markey: "I support keeping it on the books and overwhelmingly so do the people of Massachusetts."
• Gov. Maura Healey, Rep. Ayanna Pressley and SEIU Massachusetts also oppose it.
• Polls: University of New Hampshire 71% no, 24% yes. MassINC 61% no, 27% yes.
• Massachusetts has passed $10 billion in adult-use sales since 2018.

Pennsylvania: Ryan's Law on Monday

Senate Bill 1035 is on the state Senate calendar for Monday, October 19, for second consideration, a step toward a final vote. It covers terminally ill patients with a life expectancy of one year or less: hospitals and care facilities would have to let them use medical marijuana, could require a locked container, and must note it in the medical record. Smoking and vaping stay banned. A Senate committee passed it 11-0 on September 29; it still needs the full Senate and the House.

Around the states

• Kansas: Democratic candidate for governor Sen. Cindy Holscher says Kansas should legalize marijuana.
• South Dakota: AG Marty Jackley says federal rescheduling will likely have a negligible impact on the state's medical program.
• Utah: the medical cannabis advisory board meets October 20 to review new rules.
• Michigan: regulators revoked a Ypsilanti dispensary's license and fined it $251,250 after staff sent hundreds of vape cartridges to two social media influencers.
• NFL: two fines against Lions receiver Jameson Williams, about $27,000, were reversed.

The hemp ban clock

November 12: cannabinoids the plant can't make on its own, like THC-O, lose hemp status. December 11: most of the rest: THCA flower, most THC gummies and drinks, and most likely delta-8. Texas's own ban goes to court on October 30. Track every Texas cannabis bill →

Sources

Marijuana Moment (DEA brief, Oct 13; newsletter, Oct 14; Warren and Markey, Oct 8); Cannabis Business Times (Oct 14 order); GAO; The Marijuana Herald (Pennsylvania Senate calendar; daily brief, Oct 14); Michigan Cannabis Regulatory Agency (Oct 1). News clips in the episode courtesy of Western Mass News and Scripps News.

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Published October 15, 2026 · News reporting and commentary, not legal advice. Laws change fast; check current law in your state.