Former DEA and HHS officials are warning that the process of rescheduling marijuana from Schedule I to Schedule III of the Controlled Substances Act could be delayed indefinitely if President Donald Trump does not actively support the change. The officials, who spoke at a virtual event hosted by Ohio State University’s Drug Enforcement and Policy Center, expressed concerns that the Trump administration may not prioritize marijuana rescheduling, and that the process could stall or even be suspended if the Justice Department’s Office of Legal Counsel reinterprets its stance on federal drug policy.
According to Matt Lawrence, a former senior advisor with the DEA, there are three potential outcomes for rescheduling in the Trump administration. The first is that the DEA does nothing, continuing to delay the process without explicitly ending it. The second is that the agency moves forward with rescheduling, but proposes separate rules to regulate cannabis as a Schedule III drug to meet international treaty obligations. The third is that the DEA takes a more proactive approach, finalizing the rescheduling rule quickly.
However, Lawrence emphasized that the biggest factor in determining the fate of marijuana rescheduling is politics, and whether the Trump administration perceives it as a political motivator or detractor. If it’s not a priority, he expects the agency to take the path of least resistance, which would be to do nothing.
Patricia Zettler, a former deputy general counsel at HHS, also expressed concerns about the Trump administration’s stance on marijuana rescheduling. She noted that the new DEA administrator, Terrance Cole, has a long record of career service at the agency, which may not bode well for support of rescheduling. Zettler also pointed out that the OLC could issue a new opinion that takes a different position on what constitutes “currently accepted medical use” of marijuana, which could further delay or even suspend the rescheduling process.
The rescheduling proceedings have generated significant public interest, as moving marijuana to Schedule III would free up licensed cannabis businesses to take federal tax deductions and remove certain research barriers. However, the process has been stalled since the end of the Biden administration, and it remains unclear when or if it will resume.
Some stakeholders are attempting to leverage Trump’s stated support for rescheduling by framing the issue as a means to support veterans and patients. However, the uncertainty surrounding the fate of the rescheduling proposal is likely to continue until the Trump administration makes a clear statement on the issue.
