Drug Policy

The Way the FDA and DEA Ban Drugs Is Unaccountable and Arbitrary

A new report from the Government Accountability Office reveals that federal drug regulators do not have any clear policies or procedures for making scheduling decisions.

Ryan Curtis | 9.29.2026 11:40 AM

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Since the beginning of the war on drugs over 55 years ago, the federal government has been classifying and regulating drugs through a "scheduling" system. A new report from the Government Accountability Office (GAO) reveals just how arbitrary scheduling decisions made by the Drug Enforcement Administration (DEA) and Food and Drug Administration (FDA) can be.

In the United States, the primary law regulating drugs is the Controlled Substances Act (CSA) of 1970. The CSA establishes five "schedules" of drugs, tiered by their "potential for abuse," their medical use potential, and their likelihood of developing "psychological or physical dependence" in users. Of the five options, Schedule I is reserved for substances that have high potential for abuse and dependence and have no medical use. Schedule I is a grab bag of drugs, ranging from highly dangerous substances (like heroin), to taboo psychedelics (like psilocybin, LSD, and DMT), to marijuana (despite broad use and acceptance).

The DEA is the agency that enforces the implementation of the Controlled Substances Act and is responsible for scheduling and........

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