Drug Enforcement Administration says it is still unable to reschedule marijuana despite promises made by the agency’s head that he will prioritize the matter if confirmed.
Donald Trump stated in late August he planned to take a quick decision about the plan to transfer cannabis from Schedule I of the Controlled Substances Act to Schedule III within a matter of weeks. The administration is still unable to make any progress on this reform more than two month later.
DEA and witnesses for reform in the rescheduling cases that were previously heard by an administrative law judge of an agency have submitted a status report confirming that they are in agreement about the fact that a hearing appeal is still pending.
In the Monday-submitted filing it states that “Movants’ interlocutory appel to the administrator regarding their Motion for Reconsider is still pending at the Administrator.” The briefing has not been scheduled.
The rescheduling process has not been moved forward for many months because of legal objections to the administration’s processes raised in previous cases. This does indicate, though, that the parties have not made any substantive progress in the appeal.
The parties have agreed on a third report with almost identical wording, which they will submit in accordance with the order of the Administrative Court. This is the first report to be submitted under the leadership of DEA administrator Terrance Cole. Cole said during his confirmation hearings that examining the rescheduling proposal would be “one of my first priorities.”
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Separately, Trump’s nominee for White House drug czar, Sara Carter, told members of the Judiciary Committee at a hearing last month that the administration is keeping “all options” on the table as it continues to consider the marijuana rescheduling proposal, while describing cannabis reform as a “bipartisan issue.”
Three GOP senators discussed the impact of the administration potentially rescheduling cannabis in interviews with MEDCAN24 last with, with two of them describing the move as a “game changer.”
Meanwhile, one of Trump’s longtime advisors, Roger Stone, recently said that his administration has an opportunity to move forward with marijuana rescheduling—or, even broader legalization—in a way that Democrats who regularly tout the reform failed to achieve when they controlled the White House and Congress.
The comments came in response to the president’s social media post late last month where he shared a video that touted the health benefits of hemp-derived CBD, particular for seniors.
The Republican Senate sponsor of a bipartisan cannabis banking bill said recently that Trump rescheduling marijuana would be an “important domino” to advance his legislation.
It remains to be determined whether Trump will ultimately move forward with the rescheduling. Despite his endorsement of the policy change on the campaign trail ahead of his election for a second term, he declined to restate that support when asked about it during a briefing late last month—though he did say a decision would come within weeks.
You can find the full text of the most recent joint status reports on marijuana rescheduling below.
Philip Steffan is the photographer.
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