The outcomes aligned where final rules existed
DEA took scheduling actions involving 208 substances from 2020 through 2025. HHS scientific and medical evaluations were legally required for 95 of them, and DEA considered those reviews in all 95 cases.
By December 31, 2025, DEA had issued final rules for 84 of the 95. Every one aligned with the HHS recommendation. The other 11—11.6% of the reviewed group—remained under extended temporary orders, so they were not contrary final decisions.
| Status | Substances | Share of HHS-reviewed group |
|---|---|---|
| HHS review required and considered | 95 | 100% |
| Final rule aligned with HHS | 84 | 88.4% |
| Extended temporary order | 11 | 11.6% |
Good alignment did not equal complete governance
GAO found that DEA lacked comprehensive policies identifying roles, responsibilities and procedures for different scheduling pathways. FDA likewise lacked written procedures for conducting evaluations and developing recommendations, including how staff determine abuse potential.
Those gaps matter most when experienced personnel leave. A process can produce consistent outcomes today while remaining vulnerable to future inconsistency if the reasoning and handoffs are not institutionalized.
One coordination document predates the modern agencies it governs
FDA's memorandum with the National Institute on Drug Abuse is more than 40 years old and does not reflect the current entities or procedures. GAO recommended updating it and adding a term clause requiring regular review.
DEA and FDA officials told GAO that scientific disagreements are rare and usually resolved through discussion before public comment. That is relevant counterevidence: the report documents a procedural vulnerability, not a pattern of agencies openly ignoring one another's science.
Method and limits
What’s the Scoop With Broach separated substances requiring HHS review from those scheduled by legislation, then recomputed the final and temporary shares within the 95-substance group. Treating the other 113 actions as missing reviews would be wrong because the legal pathway differs.
DEA, FDA and NIH agreed with the three recommendations, which were open when GAO published them. The record does not determine how any particular drug should be scheduled and should not be used as medical or legal advice.