President Donald Trump\u2019s pick to lead the Drug Enforcement Administration (DEA) is declining to commit to rescheduling marijuana, or to say how he\u2019d approach federal enforcement in states that have legalized cannabis.<\/p>\n
In written responses to questions from two Democratic senators as part of his confirmation, the nominee for DEA administrator, Terrance Cole, largely demurred on multiple questions around marijuana policy issues, including a pending proposal to move cannabis from Schedule I to Schedule III that was initiated under the Biden administration.<\/p>\n
Asked by Sens. Cory Booker (D-NJ) and Alex Padilla (D-CA) about his position on that proposal, Cole\u2014who has\u00a0previously voiced concerns about the dangers of marijuana<\/a> and linked its use to higher suicide risk among youth\u2014simply said that, if confirmed, he will \u201cgive the matter careful consideration after consulting with appropriate personnel within the Drug Enforcement Administration, familiarizing myself with the current status of the regulatory process, and reviewing all relevant information.\u201d<\/p>\n While he gave noncommittal answers when asked about rescheduling in the written questions, Cole said during an in-person hearing before the Senate Judiciary Committee last month that examining the rescheduling proposal will be \u201cone of my first priorities\u201d<\/a> if he\u2019s confirmed for the role, saying it\u2019s \u201ctime to move forward\u201d on the stalled process\u2014but again without clarifying what end result he would like to see.<\/p>\n \u201cI\u2019m not familiar exactly where we are, but I know the process has been delayed numerous times\u2014and it\u2019s time to move forward,\u201d he told Padilla at the time. \u201cI need to understand more where [agencies] are and look at the science behind it and listen to the experts and really understand where they are in the process.\u201d<\/p>\n In the newly released written questions, Booker further asked the nominee whether he felt DEA is \u201cbound\u201d by the scheduling process as articulated under the Controlled Substances Act (CSA).<\/p>\n \u201cAs in all matters, if confirmed, I would look at the individualized facts and circumstances and follow the law and any policies of the Department,\u201d Cole said.<\/p>\n The prospective DEA head then responded to several follow-up questions\u2014such as whether the agency should abide by scheduling recommendations made by the U.S. Department of Health and Human Services (HHS) or whether drugs that have been found to be harmless and medically beneficial should be in Schedule I\u2014by simply referencing his earlier comments.<\/p>\n He took a similar approach to the questions for the record (QFRs) from Padilla, who similarly pressed the nominee on the rescheduling process, which has been stalled amid legal challenges by witnesses participating in administrative hearings to finalize the proposed rule.<\/p>\n Cole gave identical responses to questions<\/a> about his views on rescheduling and whether he believes marijuana possesses therapeutic value. He then again continued to reference those comments in response to questions about how he\u2019d approach enforcement of federal law if cannabis was moved to Schedule III and the prospect of new federal guidance for enforcement priorities around marijuana.<\/p>\n \u201cWhat is your view on the continued criminalization of marijuana at the federal level in states that have legalized its use? How should the DEA approach investigations or enforcement actions in those jurisdictions?\u201d Padilla asked.<\/p>\n The nominee repeated: \u201cIf confirmed, I will give the matter careful consideration after consulting with appropriate personnel within the Drug Enforcement Administration and reviewing all relevant information.\u201d<\/p>\n At the Judiciary Committee hearing last month, Cole also said in response to questions from Sen. Thom Tillis (R-NC) that he feels it\u2019s appropriate to form a \u201cworking group\u201d to look at the federal-state marijuana law disconnect in order to \u201cstay ahead of it.\u201d<\/p>\n The nominee worked at DEA for 21 years and currently serves as Virginia\u2019s secretary of Public Safety and Homeland Security (PSHS), where part of his responsibility is to oversee the state Cannabis Control Authority (CCA).<\/p>\n After a visit to CCA\u2019s office last year, Cole posted on LinkedIn: \u201cEverybody knows my stance on marijuana after 30 plus years in law enforcement, so don\u2019t even ask!\u201d<\/p>\n Trump initially chose\u00a0Hillsborough County, Florida Sheriff Chad Chronister to lead DEA<\/a>, but the prospective nominee\u2014who strongly advocated for marijuana decriminalization\u2014withdrew from consideration in January amid scrutiny from conservative lawmakers over the sheriff\u2019s record on COVID-related public safety enforcement actions.<\/p>\n As far as the marijuana rescheduling process is concerned, DEA recently\u00a0notified an agency judge that the proceedings are still on hold<\/a>\u2014with no future actions currently scheduled as the matter sits before the acting administrator, Derek Maltz, who has\u00a0called cannabis a \u201cgateway drug\u201d and linked its use to psychosis<\/a>.<\/p>\n Meanwhile, although shutting down licensed marijuana dispensaries doesn\u2019t \u201crise to the top\u201d of his priorities, an interim U.S. attorney who recently warned a Washington, D.C. cannabis shop about potential federal law violations<\/a>\u00a0says his\u00a0\u201cinstinct is that it shouldn\u2019t be in the community.\u201d<\/a> He\u2019s since rescinded his consideration for unrelated reasons, however.<\/p>\n Separately, last month, an activist who received a pardon for a marijuana-related conviction during Trump\u2019s first term paid a visit to the White House, discussing future clemency options with the recently appointed \u201cpardon czar.\u201d<\/a><\/p>\n A marijuana industry-backed political action committee (PAC) has also released a series of ads over recent weeks that have attacked Biden\u2019s cannabis policy record as well as the nation of Canada, promoting sometimes misleading claims about the last administration while\u00a0making the case that Trump can deliver on reform<\/a>.<\/p>\n Its latest ad accused former President Joe Biden and his DEA of\u00a0waging a \u201cdeep state war\u201d against medical cannabis patients<\/a>\u2014but without mentioning that the former president himself initiated the rescheduling process that marijuana companies want to see completed under Trump.<\/p>\n Read Cole\u2019s full responses to senators\u2019 marijuana questions below:<\/strong><\/p>\n QUESTIONS FROM SENATOR CORY A. BOOKER<\/span><\/p>\n 1. In October 2022, the Department of Justice (DOJ) requested the Department of Health and Human Services (HHS) to conduct a scientific review of how marijuana is scheduled under the Controlled Substances Act. Section 811(b) of Title 21 of the United States Code requires the Attorney General to request a scheduling recommendation from the Secretary of HHS, based on an eight-factor medical and scientific analysis, to schedule, reschedule, or deschedule a substance. After conducting this eight-factor review and gathering scientific findings, HHS submitted a recommendation to DOJ to reschedule marijuana from Schedule I to Schedule III. In May 2024, DOJ published a notice of proposed rulemaking to move cannabis from Schedule I to Schedule III under the Controlled Substances Act.<\/p>\n a. If confirmed, will you follow the HHS recommendation to reschedule cannabis from Schedule I to Schedule III?<\/p>\n RESPONSE: If confirmed, I will give the matter careful consideration after consulting with appropriate personnel within the Drug Enforcement Administration, familiarizing myself with the current status of the regulatory process, and reviewing all relevant information.<\/p>\n b. Is DOJ bound by the schedule process required by the Controlled Substances Act?<\/p>\n RESPONSE: As in all matters, if confirmed, I would look at the individualized facts and circumstances and follow the law and any policies of the Department.<\/p>\n c. Under what circumstances do you believe it would be appropriate for the DEA to reject HHS\u2019s recommendation? Please provide specific examples.<\/p>\n RESPONSE: Please see my response to Question 1.a. above.<\/p>\n 2. Since the enactment of the Controlled Substances Act more than 50 years ago, DEA has never overruled HHS\u2019s recommendation to re- or de-schedule a drug from the list of controlled substances.<\/p>\n a. If you are confirmed, do you commit to following the scheduling process required by the Controlled Substances Act?<\/p>\n RESPONSE: Please see my response to Question 1.b. above.<\/p>\n b. Do you commit to following HHS\u2019s scheduling recommendations?<\/p>\n RESPONSE: Please see my response to Question 1.a. above.<\/p>\n c. Should substances be scheduled according to their potential for abuse and accepted medical use, as required by the Controlled Substances Act?<\/p>\n RESPONSE: Please see my response to Question 1.b. above.<\/p>\n d. Should substances that are harmless or have medical use belong in Schedule I, which is reserved for the most dangerous substances that have no medical use?<\/p>\n RESPONSE: Please see my response to Question 1.b. above.<\/p>\n Questions for the Record from Senator Alex Padilla<\/span><\/p>\n 1. As Administrator, you would play a critical role in ensuring the agency\u2019s enforcement posture adapts to any new legal framework for marijuana.<\/p>\n a. Do you believe marijuana has currently accepted medical use in treatment in the United States? Please explain your reasoning, including what factors the DEA should consider when evaluating scientific and medical evidence.<\/p>\n RESPONSE: If confirmed, I will give the matter careful consideration after consulting with appropriate personnel within the Drug Enforcement Administration, familiarizing myself with the current status of the regulatory process, and reviewing all relevant information.<\/p>\n b. The DEA has initiated proceedings to reclassify marijuana as a Schedule III substance under the Controlled Substances Act. If confirmed, will you commit to completing the rulemaking process in a timely and good-faith manner, consistent with HHS\u2019s scientific and medical recommendations?<\/p>\n RESPONSE: Please see my response to Question 1.a above.<\/p>\n c. What steps would you take to ensure that the DEA\u2019s enforcement practices reflect the new classification of marijuana under Schedule III and do not undermine the agency\u2019s credibility?<\/p>\n RESPONSE: Please see my response to Question 1.a above.<\/p>\n d. What is your view on the continued criminalization of marijuana at the federal level in states that have legalized its use? How should the DEA approach investigations or enforcement actions in those jurisdictions?<\/p>\n RESPONSE: If confirmed, I will give the matter careful consideration after consulting with appropriate personnel within the Drug Enforcement Administration and reviewing all relevant information.<\/p>\n e. How will DEA guidance to personnel change with the reclassification of marijuana to Schedule III? Will you instruct DEA agents to deprioritize enforcement actions against marijuana-related activities conducted in compliance with state law?<\/p>\n RESPONSE: Please see my response to Question 1.a above.<\/p>\n f. How do you plan to ensure that rescheduling does not create new criminal enforcement risks for individuals or businesses operating lawfully under state marijuana regimes, particularly with respect to controlled substance analogues or derivative products?<\/p>\n RESPONSE: Please see my response to Question 1.d above.<\/p>\n Director Of DOGE-Canceled Program To Monitor Marijuana Potency Hopes His Work Can Continue<\/a><\/p>\n<\/blockquote>\n\n \u00a0<\/p>\n The post Trump\u2019s DEA Pick Refuses To Detail Marijuana Rescheduling Stance In Response To Senator\u2019s Questions<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n
President Donald Trump\u2019s pick to lead the Drug Enforcement Administration (DEA) is declining to commit to rescheduling marijuana, or to say how he\u2019d approach federal enforcement in states that have legalized cannabis. In written responses to questions from two Democratic senators as part of his confirmation, the nominee for DEAContinue Reading<\/a><\/span><\/p>\n","protected":false},"author":458,"featured_media":0,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[18,81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/81219"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/458"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=81219"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/81219\/revisions"}],"predecessor-version":[{"id":81220,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/81219\/revisions\/81220"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=81219"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=81219"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=81219"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n
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\nRead More: Trump\u2019s DEA Pick Refuses To Detail Marijuana Rescheduling Stance In Response To Senator\u2019s Questions<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"