DEA Delays Marijuana Rescheduling Appeal Despite Trump’s Executive Order
The Drug Enforcement Administration (DEA) has announced that the appeal process for rescheduling marijuana remains pending, despite President Donald Trump’s recent executive order directing the attorney general to expedite the process.
The DEA and reform proponents submitted a joint status report on an interlocutory appeal, which concerns allegations of agency bias and improper communications with anti-rescheduling parties during the rescheduling review process. The report states that the appeal remains pending with the Administrator, with no briefing schedule set.
This is the fourth joint status report filed by the parties, with largely identical language, since the appeal was accepted by a former administrative law judge nearly a year ago. DEA Administrator Terrance Cole had previously stated that examining the cannabis rescheduling proposal would be one of his top priorities.
Trump’s executive order, signed in December, called on Attorney General Pam Bondi to finalize a rule to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA). However, a leading marijuana prohibitionist group has retained the legal services of Trump’s former attorney general, Bill Barr, to sue to reverse federal marijuana rescheduling if and when the pending rule is finalized.
Moving cannabis to Schedule III would formally recognize the plant’s medical value, allow marijuana businesses to take federal tax deductions, and remove certain research barriers. However, it would not legalize marijuana.
The DEA’s delay in the appeal process has been criticized by some, who argue that the agency is dragging its feet on the issue. Meanwhile, a coalition of Republican state attorneys general have criticized Trump’s rescheduling decision, saying cannabis is “properly” classified as a Schedule I drug with no accepted medical use and a high potential for abuse.
The issue of marijuana rescheduling is ongoing, with the DEA’s latest filing in the rescheduling case available below.
