The effort to reschedule cannabis from Schedule I to Schedule III under the Controlled Substances Act faces significant hurdles, according to former White House Office of National Drug Control Policy Director Rahul Gupta. He claims that opposition from within the Drug Enforcement Administration (DEA) may have stalled the process initiated during the previous administration.
Despite former President Joe Biden’s campaign promises to reevaluate cannabis scheduling, the rescheduling proposal remains in limbo, frustrating advocates and stakeholders. Gupta suggests that the DEA, which is supposed to support the policy change, has shown signs of internal resistance. He told The New York Times that the process has been hampered by a slow-moving government and potential opposition from officials within the agency.
The proposal to move cannabis to Schedule III, thereby easing restrictions and allowing for more research into its medical benefits, has not progressed in the four months since former President Donald Trump took office for a second term. Gupta stated, “We got stuck moving at the slow speed of government, which was also marred, potentially, by some opposing it from within.”
The DEA’s previous actions have raised eyebrows, particularly the unusual approval process involving Attorney General Merrick Garland, who signed off on the rescheduling recommendation after the Department of Health and Human Services (HHS) made its proposal. Typically, the DEA administrator is responsible for approving such changes, raising concerns about the agency’s commitment to the reform.
Former DEA officials, including Anthony Coulson, who retired in 2010, have expressed skepticism about the proposal’s future under the current administration. Coulson noted, “Cannabis reform appears to be all but dead in this administration. To use a Trump term, it was rigged not to succeed.”
Former Congressman Matt Gaetz, a pro-legalization Republican, also questioned the authenticity of Biden’s commitment to rescheduling cannabis, suggesting that his endorsement was politically motivated to attract younger voters. Gaetz remarked that Trump’s current stance on cannabis reform seems to reflect a personal aversion to substances that he perceives as harmful, despite earlier comments supporting medical cannabis.
The Biden administration has not included rescheduling in its recent list of drug policy priorities, further complicating the matter. As the Senate prepares to confirm Trump’s nominee for DEA administrator, Terrance Cole, the future of the rescheduling proposal remains uncertain. Cole has not publicly declared his stance on the issue but has previously expressed concerns about cannabis use.
The DEA recently informed an agency judge that proceedings regarding the rescheduling proposal are still on hold, with no future actions scheduled. Activists and advocates continue to push for a resolution, emphasizing the need for the administration to actively support the rescheduling process.
As the debate continues, a marijuana industry-backed political action committee has intensified its efforts to criticize Biden’s cannabis policy record, suggesting that the former administration’s actions have hindered progress on cannabis reform. This PAC has released ads accusing the Biden administration of undermining medical cannabis patients while promoting Trump as a potential ally for reform.
The path forward for cannabis rescheduling is unclear, particularly as the Senate prepares to advance Cole’s nomination. While he indicated that reviewing the rescheduling proposal would be a priority if confirmed, the lack of clarity regarding his position adds to the uncertainty surrounding cannabis policy under the Trump administration.
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