The denominator changes the picture
DEA took scheduling actions involving 208 substances from 2020 through 2025. HHS scientific and medical evaluations were legally required for 95 of them. What’s the Scoop With Broach calculated that required review covered 45.7% of all actions.
DEA considered HHS advice for all 95. Final rules had been published for 84 by December 31, 2025, and every one aligned with HHS’s recommendation. The remaining 11 were under extended temporary orders, not contrary final decisions.
| Status | Substances | Share of 208 |
|---|---|---|
| Total scheduling actions | 208 | 100% |
| HHS review required | 95 | 45.7% |
| Final rules aligned with HHS | 84 | 40.4% |
| Extended temporary orders | 11 | 5.3% |
| Actions without required HHS evaluation | 113 | 54.3% |
Alignment did not erase procedure gaps
GAO found DEA lacks policies identifying roles, responsibilities and procedures for several scheduling pathways. FDA likewise lacks written procedures specifying how staff should conduct the required evaluations and develop recommendations.
FDA’s coordination agreement with the National Institute on Drug Abuse is more than 40 years old and does not reflect the current offices or process. GAO warned that unwritten expertise can disappear when experienced personnel leave.
All three recommendations remain open
GAO recommended that DEA and FDA document their procedures and that FDA and NIH update and periodically review their agreement. The agencies concurred, but the recommendations were still open on the publication date.
The report does not say 113 substances escaped oversight. Some actions occur through legislation or pathways where HHS review is not legally required. The finding is about the limited reach of the formal consultation requirement and the fragility of agency procedures.
Method and limitations
The newsroom reviewed GAO’s statutes-and-dockets analysis and calculated percentages using 208 as the denominator. Values are rounded to one decimal place.
The six-year period does not predict future scheduling behavior, and alignment with HHS does not by itself establish that a scheduling decision was scientifically correct.