President Donald Trump nominated an anti-marijuana official as lead attorney at the Department of Health and Human Services (HHS), receiving praise from cannabis prohibitionists.
Mike Stuart, an incumbent Republican senator from West Virginia and former U.S. attorney, was chosen by President Trump to become HHS general counsel. Stuart’s nomination came amid numerous controversial claims made about modern marijuana products being “genetically engineered”, that it acts as an opioid gateway drug, and pledged “aggressively” enforce criminalization while serving in his position as federal prosecutor.
Although HHS under the Biden administration already issued recommendations to reschedule cannabis after conducting an in-depth scientific evaluation, that process has been postponed causing concerns over possible interference by newly appointed administrative appointees.
HHS’ general counsel is accountable for providing legal advice, interpreting regulatory policies, overseeing litigation relating to HHS and overseeing any potential court litigation regarding its staff; so Stuart could play an instrumental role in future agency interpretations regarding marijuana’s scheduling status according to CCSA requirements.
After Trump’s former Attorney General Jeff Sessions withdrew guidance regarding discretionary cannabis enforcement, Stuart applauded this action, noting it as further confirmation that cannabis is an unhealthy drug. He stated this decision affirms his position that “marijuana is dangerous drug”.
Marijuana is classified as an illegal substance under Federal statutes and AG Sessions Memo (1/4/18), making it subject to prosecutorial discretion for federal prosecutors. While congressional mandates will be honored, their limits shall be aggressively enforced by this US Attorney & SDWV team. https://t.co/7emzb9Oqhh
Former U.S. Attorney Mike Stuart (@USAttyStuart) made headlines February 21, 2018 as an activist Twitter handle with an array of issues facing American law.
“Federal law on marijuana is crystal clear. The Cole memo has been repealed,” he stated, in reference to Obama-era guidance. He went on to explain that complying with federal law required compliance for interstate commerce purposes and given that today’s marijuana isn’t grown naturally but genetically engineered as hard drugs it was just another factual statement from him.
Federal marijuana law is clear: Cole Memo has been repealed; interstate commerce requires compliance with federal law; modern marijuana isn’t the result of natural selection – rather genetic engineering makes for genetically engineered hard drugs like synthetic cannabinoids which make up today’s cannabis plant (https://t.co/rsLjM8PWcD). https://t.co/rsLjM8PWcD
Mike Stuart (@USAttyStuart), former U.S. Attorney. March 30, 2018.
“Despite state initiatives to increase drug use, evidence exists which links marijuana use with an INCREASE in risk for opioid use disorder,” stated an academic in 2018. This further supports that increasing illegal drug usage alone cannot solve our national opioid affliction issue.
Stuart stated in that same year that every drug treatment professional he spoke to told him marijuana is a gateway drug.
At different treatment facilities I visited, every single treatment professional told me “Marijuana is a gateway drug and my office will enforce laws against marijuana aggressively”.
— Former US Attorney Mike Stuart (@USAttyStuart) March 9, 2018.
Stuart has championed a federal ban preventing medical cannabis patients from possessing guns, declaring “it can’t exist together”.
As soon as a medical marijuana card holder obtains ammo or weapons, both cannot co-exist legally – they do not mix well, which is why prosecutorial offices don’t pick and choose which laws to enforce, instead all must be upheld equally to safeguard public and equal justice for everyone. At our organization we support both amendments equally by upholding them accordingly and enforce all relevant legislation equally to maintain public order & equal justice for everyone.
Former United States Attorney Mike Stuart (@USAttyStuart) provided this update on April 15, 2018.
The nominee highlighted how federal prohibition prevents businesses operating within the cannabis sector from accessing banking institutions for banking needs.
“Under federal law, banks that offer banking products or services to marijuana businesses could face criminal or civil prosecution for money laundering or conspiracy,” according to him. Legalizing cannabis won’t change this fact and cannabis co-ops don’t work because Federal Reserve approval must first be sought; neither are likely scenarios.”
Under federal law, banks that provide marijuana businesses with banking products like checking, debit/credit cards and business loans could face charges for money laundering or conspiracy despite legalization across states. Cannabis co-ops don’t work due to requiring consent from the Federal Reserve which may or may not occur in most cases.
Former U.S. Attorney Mike Stuart (@USAttyStuart) passed away May 18, 2018.
Last year as a state senator, he voiced opposition to plans from Democratic legislators who want to legalize cannabis.
“Democrats released their economic and growth plan for West Virginia – it includes marijuana,” tweeted Rep. Don Payne (D). No plans exist regarding tax cuts or court abuse reform – simply the big plan to expand marijuana growth further. Amidst an opioid drug epidemic in WV, their plan includes growing more drugs.
Stuart has also expressed strong opposition to cannabis reform at summit events and symposium he organized during his time as U.S. Attorney in 2018.
Stuart also received endorsement from a political action committee (PAC), established in 2022, that supported candidates opposing cannabis legalization by opposing policy changes like legalization in key elections. Naturally, anti-cannabis interests quickly celebrated Stuart’s new HHS nomination.
Mike Stuart has long been known for being a principled voice against addiction industry practices and profiteers from pot profiteers threatening public health and safety, according to Kevin Sabet of Smart Approaches to Marijuana (SAM). Additionally, as U.S. Attorney he was an effective force against attempts by others who attempted to skirt federal regulations related to hemp-derived THC, marijuana edibles and oils — products known for being highly dangerous and addictive.”
As opposed to Stuart, Robert F. Kennedy Jr. has long expressed support for legalization of marijuana use.
Notwithstanding his prior statements of support for legalized cannabis, Kennedy expressed some hesitation following his confirmation as Justice Secretary last week, noting his concerns with its normalization and how its use may have “catastrophic impacts” on individuals; state legalization could facilitate research into potential harms and benefits related to marijuana consumption.
These remarks came on the same day Sen. Pete Ricketts (R-NE) noted a commitment from Kennedy to follow scientific evidence on marijuana harms.
Ricketts had already disclosed last week that he spoke with Kennedy regarding “preventing the expansion of marijuana”. Now he claims RFK promised him that they would follow scientific findings regarding harm caused by cannabis usage.
Sen. Lankford also filed legislation last week designed to disincentivise cannabis businesses from taking federal tax deductions when rescheduling.
After years of advocating for cannabis legalization, Kennedy announced last month that in his new role he will defer to the Drug Enforcement Agency on matters pertaining to marijuana rescheduling.
Last week, President Donald Trump officially named his choice to lead DEA: an experienced Virginia official with decades of service at DEA who’s expressed concerns over marijuana’s dangers, linking its use with increased suicide risk among youth. That could make scheduling tricky.
Rep. Andy Harris of Maryland recently told MEDCAN24 that it is definitely time for him and Kennedy to have a discussion regarding “marijuana being harmful”, with Harris emphasizing how marijuana use “should be limited for American health reasons”.
Prior to Senator Ted Kennedy submitting written responses to members of the Senate Finance Committee that gained initial approval, Sen. Elizabeth Warren (D-MA) requested him to state his views regarding marijuana legalization amid ongoing efforts by lawmakers and industry bodies to federally reclassify cannabis products.
An independent political action committee run by former Vice President Mike Pence had made several efforts to disprove Patrick Kennedy as HHS secretary; one method included drawing attention to his support for marijuana and psychedelic reform and personal history with substance misuse.
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