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GOP Congressman Isn’t Sure Marijuana Rescheduling Is A DOJ ‘Priority...
Feb 10, 2026
Kyle Jaeger
Marijuana Moment
A GOP congressional lawmaker says that while marijuana rescheduling might
not be at the top of the agenda for the Justice Department or White House
amid competing interests, he and bipartisan colleagues will be ready when
“opportunity does present itself.”
Rep. Dave Joyce (R-OH), co-chair of the Congressional Cannabis Caucus, also
told Marijuana Moment in an interview that he’s glad to see other members
make inroads on psychedelics policy reform, especially if it means
supporting military veterans and service members who stand to benefit from
novel therapies.
Asked about the status of legislative work on cannabis, however, Joyce said
it’s a “tougher issue” because it’s “like comedy—the timing has to be
perfect.”
“I think it’s important to make sure when the opportunity does present
itself, we’re ready to go,” the congressman said, adding that he encouraged
that President Donald Trump has been “pretty forward on it,” which includes
an executive order he signed in December directing Attorney General Pam
Bondi to quickly finalize a pending proposal to move marijuana from
Schedule I to Schedule III of the Controlled Substances Act (CSA).
“Given the opportunity and and the timing, I think we can do it,” he said.
While the bipartisan co-chairs of the Cannabis Caucus have yet to meet this
Congress, Joyce said “we made a tremendous amount of progress” on the issue
nonetheless. By contrast, the Psychedelic Assisted Therapy Caucus (PATH)
Caucus is “still working on getting things done.”
“I applaud their efforts. And if it’s helping our soldiers and veterans,
then god bless,” the congressman said, while caveating that he feels it’s
important that marijuana-focused lawmakers “stay in our lane” to ensure
success.
Joyce added that he and his colleagues “certainly provided the input that
is important for their review” to the Justice Department and White House.
“But I don’t know if it’s a priority. They seem to have a lot on their
plate,” he said, noting that it “seems like all-hands-on-deck for pushing
out” files related to Jeffrey Epstein.
“There’s so many things in the fire,” he said. “Once we get through this
spending bill, I think we’ll finally have a point where we’re worried about
[other issues].”
Joyce separately told Marijuana Moment last month that he doesn’t think the
attorney general would seek to undermine the president’s executive order to
move marijuana to Schedule III despite any personal reservations she may
have about the policy change.
Meanwhile, Bondi is scheduled to appear before a key House committee next
week—and advocates are holding out hope that lawmakers will press her to provide
an update on the Justice Department’s progress in fulfilling Trump’s order
to complete the rescheduling process.
A DOJ spokesperson told Marijuana Moment last month that it had no “comment
or updates” to share on the topic. However, an agency official more
recently told Salon that “DOJ is working to identify the most expeditious
means of executing the EO.”
That phrasing is notable, signaling that the department is uncertain about
the administrative pathway to finalize rescheduling. The hope among
advocates and industry stakeholders was that the process would be more
simple, with a final signature on the existing reform proposal that was
released following a scientific review initiated under the prior Biden
administration.
DOJ has been notably silent on the issue in the weeks since Trump signed
the order—even as the White House recently touted the president’s order as
an example of a policy achievement during the first year of his second term.
Former Rep. Matt Gaetz (R-FL), Trump’s first pick for attorney general this
term who ultimately withdrew his nomination, raised eyebrows last week
after posting on X that he’s been told the Drug Enforcement Administration
(DEA) is actively drafting a rescheduling rule and intended to issue it
“ASAP.”
There’s some confusion around that point, however, as a rule is already
pending before the Justice Department—and a new rule would presumably be
subject to additional administrative review and public comment.
Last week, meanwhile, the White House declined to comment on the status of
the rescheduling process, deferring Marijuana Moment to the Justice
Department.
A Democratic senator told Marijuana Moment earlier this month that it’s “too
early to tell” what the implications of Trump’s cannabis order would be—saying
that while there are “things that look promising” about it, he is “very
concerned about where the DOJ will land.”
“The ability of the Trump administration to speak out of both sides of
their mouth is staggering,” Sen. Cory Booker (D-NJ) said. “So I’m just
going to wait and see right now. Obviously, there’s things that look
promising—to end generations of injustice. I really want to wait and see.”
*— Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug
policy bills in state legislatures and Congress this year. Patreon
supporters pledging at least $25/month get access to our interactive maps,
charts and hearing calendar so they don’t miss any developments.*
*Learn more about our marijuana bill tracker and become a supporter on
Patreon to get access. —*
Also last month, two GOP senators filed an amendment to block the Trump
administration from rescheduling cannabis, but it was not considered on the
floor.
Meanwhile, last month, DEA said the cannabis rescheduling appeal process
“remains pending” despite Trump’s executive order.
A recent Congressional Research Service (CRS) report discussed how DOJ
could, in theory, reject the president’s directive or delay the process by
restarting the scientific review into marijuana.
Bondi separately missed a congressionally mandated deadline last month to
issue guidelines for easing barriers to research on Schedule I substances
such as marijuana and psychedelics.
*The LCB contributed reporting from Washington, D.C.*
*Photo courtesy of Brian Shamblen.*
The post GOP Congressman Isn’t Sure Marijuana Rescheduling Is A DOJ
‘Priority,’ But Remains Optimistic About Progress Under Trump appeared
first on Marijuana Moment.













