Robert F. Kennedy Jr., President Donald Trump’s nominee to steer the U.S. Division of Well being and Human Providers (HHS), says he’ll defer to the Drug Enforcement Administration (DEA) on marijuana rescheduling if confirmed. And he’d “prefer to assessment the info” that led to the well being company’s suggestion for the reform earlier than he probably embraces it—regardless of his earlier, repeated requires hashish legalization.
Amongst hashish stakeholders, Kennedy’s nomination to steer the nation’s high well being company seemed to be some of the promising Trump administration developments given his vocal advocacy for ending hashish criminalization and changing the coverage with a system of regulated marijuana gross sales, the place merchandise are taxed and ensuing income is earmarked towards supporting substance misuse remedy.
However that isn’t the message Kennedy despatched to members of the Senate Finance Committee in response to a collection of questions for the file (QFRs) this week.
Somewhat than defend his beforehand said help for legalization, the nominee declined to even endorse the continued means of shifting hashish from Schedule I to Schedule III of the Managed Substances Act (CSA). He stated that call is as much as DEA, which has been extensively suspected of opposing the rescheduling transfer since HHS underneath the Biden administration really useful that reform.
“Do you decide to working with the DOJ and DEA to swiftly resume proceedings on the scheduling of marijuana (that are at the moment paused)?” a query from Sen. Elizabeth Warren (D-MA) requested.
Kennedy responded: “I defer to the DOJ and DEA on the allocation of their assets and the event of their priorities. In keeping with all relevant legal guidelines, I’ll be certain that HHS’s experience is obtainable to help these businesses as wanted.”
Reminded of his public feedback supporting legalization—together with as a 2024 Democratic presidential candidate earlier than he bowed out, grew to become unbiased and ultimately joined the Trump marketing campaign—and requested about whether or not meaning he backs the extra restricted transfer to reschedule hashish, Kennedy stated merely that “if an evaluation backed by sturdy proof concludes that marijuana has accepted medical makes use of, I’ve no cause to query that evaluation.”
“CSA scheduling is a prerogative of the DEA, and I defer to that company within the train of its authorities,” he stated.
That might complicate rescheduling given the truth that the present appearing administrator of DEA, Derek Maltz, has made a number of feedback expressing hostility to hashish reform.
Maltz has known as marijuana a gateway drug that units youngsters up to make use of different substances, steered hashish use is linked to highschool shootings and alleged that the Justice Division “hijacked” the marijuana rescheduling course of from DEA, for instance.
To Kennedy’s level, it’s true that DEA is finally liable for ultimate scheduling choices underneath the CSA. However the nominee’s feedback appear particularly deferential within the context of his previous advocacy for reform. Kennedy’s help for legalization wasn’t merely about states’ rights, both. He laid out particular steps to finish prohibition and implement a tax-and-regulate system.
But requested about two congressional payments that may obtain that finish—the Marijuana Alternative, Reinvestment and Expungement (MORE) Act and Hashish Administration and Alternative Act (CAOA)—he once more demurred.
“The enactment of laws is the prerogative of Congress,” he stated. “I’ve not carried out a deep research of all of the provisions of the referenced proposed laws; that stated, I’m a staunch supporter of entry to substance use dysfunction remedy.”
Kennedy was additionally requested whether or not, as HHS secretary, he would proceed to make the most of a brand new two-part scientific assessment normal the company adopted in its marijuana scheduling examination.
“It’s inconceivable to take a position on hypothetical future evaluations with out full context,” he stated. “In the end, HHS will apply requirements underneath the CSA that adjust to overarching authorized obligations for reasoned decisionmaking by businesses.”
Warren—who individually despatched the nominee a 34-page letter the place she additionally pressed him reiterate his place on marijuana legalization—requested Kennedy in her QFR if he would “help insurance policies that defend federal workers in states with authorized, regulated hashish marketplaces from penalties or opposed skilled penalties for utilizing hashish.”
The nominee replied: “If confirmed, my focus might be on HHS’ train of HHS’ authorities. I defer to [the Office of Personnel Management, or OPM] for insurance policies round federal personnel.”
Warren then requested if Kennedy would “help insurance policies that consequence within the launch of people who’re incarcerated for hashish offenses, given the adverse public well being impacts of incarceration and the rising public understanding that hashish offenses shouldn’t lead to incarceration.”
Kennedy stated: “I defer to the Division of Justice and state and native authorities for the enforcement of felony justice.”
Sen. Ron Wyden (D-OR) additionally took the chance to submit hashish coverage inquiries to Kennedy in his personal QFRs, asking whether or not he agrees with the HHS evaluation that marijuana holds medical worth, whether or not a Schedule III reclassification is suitable and if he’d decide to following the science to see via the rescheduling course of underneath Trump.
“If confirmed,” Kennedy stated, “I sit up for reviewing the reasoning behind the FDA’s conclusion and following the legislation.”
Wyden additionally requested a collection of questions on hemp, together with whether or not he felt FDA had the mandatory authority to manage the federally legalized hashish product and if he’d work with Congress “to make sure that hemp and hemp-derived merchandise stay out there for grownup customers, whereas additionally making certain that they’re safely manufactured, examined for pesticides, heavy metals and different adulterants, precisely labeled, and saved out of the fingers of children.”
“If confirmed, I sit up for following the legislation,” Kennedy stated. “As well as, I sit up for working with Congress, related stakeholders, medical consultants, and the affected person neighborhood to make sure that each protected and efficient remedy is made out there for sufferers, in line with federal legislation.”
Sen. Peter Welch (D-VT) individually pressed the HHS nominee on marijuana rescheduling, declaring that Trump himself backed the reform on the marketing campaign path.
“Do you agree with HHS’s evaluation that marijuana has ‘at the moment accepted medical makes use of?’” Welch requested.
“As defined in my earlier response, if an evaluation backed by sturdy proof concludes that marijuana has accepted medical makes use of, I’ve no cause to query that evaluation,” Kennedy stated.
However, once more, the nominee throughout his time operating for the Democratic ticket appeared assured that not solely does hashish have medical worth, nevertheless it deserved to be federally descheduled altogether.
“Do you help inserting marijuana on Schedule III?” Welch requested.
Kennedy: “I want to assessment the info and focus on the coverage with stakeholders.”
He declined to reply comply with up questions on whether or not he would work to finalize the rescheduling course of or, if he opposes the reform, why he felt that means.
In the meantime, a political motion committee based by former Vice President Mike Pence is gunning to undermine the affirmation Kennedy as HHS secretary—partly by drawing consideration to his help for marijuana and psychedelics reform, in addition to his private historical past with substance misuse.
Kennedy adopted a dizzying path to the Trump administration, getting into the 2024 presidential election as a Democratic candidate earlier than switching to unbiased as he lagged within the polls after which ultimately endorsing the GOP nominee.
In October, Kennedy particularly criticized the Meals and Drug Administration (FDA) over the company’s “suppression of psychedelics” and a laundry checklist of different points that he stated amounted to a “conflict on public well being” that may finish underneath the Trump administration.
In the meantime, a high U.S. Division of Veterans Affairs (VA) official just lately stated it’s “very encouraging” that Kennedy helps psychedelics reform—and he hopes to work with him on the problem if he stays on for the following administration.
Not everybody shares VA Underneath Secretary for Well being Shereef Elnahal’s enthusiasm for Kennedy because the potential HHS secretary, nevertheless. Writer Michael Pollan, for instance, stated that Trump’s decide might show “very harmful” to the psychedelics motion—regardless that he’s a supporter of reform.
He stated the possible nominee would possibly pursue federal reform in a means that delegitimizes the science behind substances resembling psilocybin.
Against this, Rick Perry—a former governor of Texas who additionally served within the first Trump administration—just lately stated the president-elect’s decisions for key well being coverage positions, together with Kennedy, are a “nice present” for the psychedelics reform motion, notably because it issues entry to ibogaine as a remedy choice for critical psychological well being circumstances.
Learn the total questions and solutions between the senators and Kennedy on marijuana coverage beneath:
Warren
Query 156: As a presidential candidate, you stated that if elected you’ll legalize marijuana and use the tax income to fund packages for individuals looking for remedy pertaining to make use of of managed substances. Part 6 of the Marijuana Alternative, Reinvestment and Expungement (MORE) Act has a provision that may require the Secretary of HHS to make grant cash out there for substance use dysfunction. Within the Senate, I’m a cosponsor of the Hashish Administration and Alternative Act (CAOA), which would offer tons of of tens of millions of {dollars} for substance use dysfunction remedy packages. Do you help the MORE Act and the CAOA?
Response: The enactment of laws is the prerogative of Congress. I’ve not carried out a deep research of all of the provisions of the referenced proposed laws; that stated, I’m a staunch supporter of entry to substance use dysfunction remedy.
Query 157: Implicit in your place that marijuana ought to be legalized is that it ought to be faraway from the federal Managed Substances Act (CSA). There may be at the moment a proposed rule to maneuver marijuana from Schedule I to Schedule III of the CSA. Whereas there are some advantages to shifting marijuana away from its present placement in Schedule I to the much less restrictive Schedule III, it’s going to nonetheless stay federally unlawful even when the proposed rule is finalized. In August 2023, HHS Secretary Xavier Becerra introduced that the company discovered marijuana had accepted medical use and a low potential for abuse, and as such was recommending marijuana be rescheduled to Schedule III.
A. Please clarify your place on marijuana’s scheduling underneath the CSA. Do you agree with the 2023 HHS evaluation that marijuana has at the moment accepted medical makes use of? Do you imagine hashish ought to be regulated underneath the CSA in any respect?
Response: As defined in my earlier response, if an evaluation backed by sturdy proof concludes that marijuana has accepted medical makes use of, I’ve no cause to query that evaluation. CSA scheduling is a prerogative of the DEA, and I defer to that company within the train of its authorities.
B. Do you decide to working with the DOJ and DEA to swiftly resume proceedings on the scheduling of marijuana (that are at the moment paused)?
Response: I defer to the DOJ and DEA on the allocation of their assets and the event of their priorities. In keeping with all relevant legal guidelines, I’ll be certain that HHS’s experience is obtainable to help these businesses as wanted.
C. In future drug evaluations, do you intend to proceed use of the brand new two-part check that HHS used to indicate that marijuana has a at the moment accepted medical use?
Response: It’s inconceivable to take a position on hypothetical future evaluations with out full context. In the end, HHS will apply requirements underneath the CSA that adjust to overarching authorized obligations for reasoned decisionmaking by businesses.
Query 158: Will you help insurance policies that defend federal workers in states with authorized, regulated hashish marketplaces from penalties or opposed skilled penalties for utilizing hashish?
Response: If confirmed, my focus might be on HHS’ train of HHS’ authorities. I defer to OPM for insurance policies round federal personnel.
Query 159: Will you help insurance policies that consequence within the launch of people who’re incarcerated for hashish offenses, given the adverse public well being impacts of incarceration and the rising public understanding that hashish offenses shouldn’t lead to incarceration?
Response: I defer to the Division of Justice and state and native authorities for the enforcement of felony justice.
Wyden
Throughout President Joe Biden’s administration, the Drug Enforcement Administration (DEA) underneath the Division of Justice adopted the management of 39 states in reviewing the suitable authorized classification of marijuana. The Meals and Drug Administration underneath the Division of Well being and Human Providers performed a sturdy and science-based assessment, formally recommending hashish be rescheduled from from Schedule I of the Managed Substances Act (CSA) to Schedule III, which might probably improve analysis into hashish however wouldn’t legalize or regulate hashish merchandise, together with medical and adult-use marijuana. The FDA assessment acknowledged that hashish has “some credible stage of scientific help for a few of the therapeutic makes use of for which marijuana is being utilized in medical observe in america.”
Query 101. Do you agree with the FDA’s conclusion that hashish has some medical and/or therapeutic use?
Query 102. Do you imagine that the CSA’s Schedule III classification for hashish is most applicable, or is there one other classification underneath the CSA higher suited to use to hashish?
Query 103. Do you decide to defending the science-based function of FDA in any future rescheduling or descheduling course of initiated by the Trump administration?
Response to Questions 101-103: If confirmed, I sit up for reviewing the reasoning behind the FDA’s conclusion and following the legislation.
You’ve beforehand expressed help for decriminalizing hashish on the federal stage. Within the 2018 Farm Invoice (P.L. 115-334), Congress created the legally distinct class of “Hemp,” eradicating hashish crops with sure traits from the Managed Substances Act. This class consists of merchandise like cannabidiol (CBD), topical, oral and inhalable hashish merchandise, and animal merchandise as effectively. Members of Donald Trump’s administration, together with Trump himself, have at instances supported authorized hemp merchandise, and at instances threatened to ban all such merchandise, and a few in Congress help banning all hemp merchandise. As Secretary, you’ll oversee the Meals and Drug Administration (FDA), which has some authority to manage these merchandise, and the tens of millions of People who profit from utilizing hemp merchandise will look to you for constant management on the regulation of those merchandise.
Query 104. Underneath present legislation, there isn’t any federal normal for transparency in manufacturing, processing, labeling or packaging of hemp merchandise, that means shoppers might lack dependable details about the contents and efficiency of those merchandise. Do you imagine that FDA can enhance regulation of hemp and hemp-derived merchandise to make sure they’re safely manufactured, examined for pesticides, heavy metals and different adulterants, precisely labeled, and saved out of the fingers of children?
Query 105. Do you imagine that the FDA has the mandatory authority underneath present legislation to successfully regulate hemp and hemp-derived merchandise? If not, do you imagine that further statutory authority is critical for FDA to adequately guarantee shopper security relating to these merchandise?
Query 106. Do you imagine {that a} new product class for hemp merchandise could be vital or useful for FDA’s regulation of such merchandise?
Query 107. Will you decide to working with Congress to make sure that hemp and hemp-derived merchandise stay out there for grownup customers, whereas additionally making certain that they’re safely manufactured, examined for pesticides, heavy metals and different adulterants, precisely labeled, and saved out of the fingers of children?
Response to Questions 104-107: If confirmed, I sit up for following the legislation. As well as, I sit up for working with Congress, related stakeholders, medical consultants, and the affected person neighborhood to make sure that each protected and efficient remedy is made out there for sufferers, in line with federal legislation.
Welch
In the course of the 2024 marketing campaign, President Trump said on Reality Social, “I imagine it’s time to finish pointless arrests and incarcerations of adults for small quantities of marijuana for private use. We should additionally implement good laws, whereas offering entry for adults, to protected, examined product.” In April 2024, the Biden Administration commenced a rescheduling course of after the Division of Well being and Human Providers and Meals and Drug Administration decided marijuana has “at the moment accepted medical makes use of.” It has proposed shifting marijuana to Schedule III of the Managed Substances Act.
Query 1: Do you agree with HHS’s evaluation that marijuana has “at the moment accepted medical makes use of?”
Response: As defined in my earlier response, if an evaluation backed by sturdy proof concludes that marijuana has accepted medical makes use of, I’ve no cause to query that evaluation.
Query 2: Do you help inserting marijuana on Schedule III?
Response: I want to assessment the info and focus on the coverage with stakeholders.
DEA Choose Rejects Veterans Group’s Petition To Take part In Marijuana Rescheduling Listening to
Picture ingredient courtesy of Gage Skidmore.
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