Senate Advances Trump’s Pick For DEA Administrator...

The Senate has given initial approval for the chamber to take up the
confirmation of President Donald Trump’s pick for head of the Drug
Enforcement Administration (DEA)—a choice that will likely determine the
fate of marijuana rescheduling.

Terrance Cole was selected to serve as administrator of DEA, but the agency
during Trump’s second term has so far been run by interim leaders. On
Monday, the Senate approved a motion to invoke cloture to advance the
nominee in a 44-43 vote. A final vote on confirmation is expected on
Tuesday morning.

Notably, while Cole has said that examining the rescheduling proposal would
be “one of my first priorities” if he’s confirmed for the role, he has
refused to say what he wants the result to be and has in the past made
comments expressing concerns about the health effects of cannabis.

In May, a Senate committee advanced the nomination of Cole to become DEA
administrator amid the ongoing review of the marijuana rescheduling
proposal that he has so far refused to commit to enacting.

Cole—who has previously voiced concerns about the dangers of marijuana and
linked its use to higher suicide risk among youth—said in response to
senators’ written questions that he would “give the matter careful
consideration after consulting with appropriate personnel within the Drug
Enforcement Administration, familiarizing myself with the current status of
the regulatory process, and reviewing all relevant information.”

Meanwhile, earlier this month, DEA again notified an agency judge that the marijuana
rescheduling process remains stalled under the Trump administration.

It’s been six months since DEA Administrative Law Judge (ALJ) John
Mulrooney temporarily paused hearings on a proposal to move cannabis from
Schedule I to Schedule III of the Controlled Substances Act (CSA) that was
initiated under the Biden administration. And in a joint report to the
judge submitted on Monday, DEA attorneys and rescheduling proponents said
they’re still at an impasse.

For the time being, any action on the proposed rule to reschedule marijuana
is evidently contingent on DEA Acting Administrator Robert Murphy. More
likely, according to some, is that it will not move forward until a
permanent DEA administration is confirmed.

Murphy’s appointment as acting administrator wasn’t widely publicized, but
he’s replaced Derek Maltz—who subscribes to the “gateway drug” theory for
marijuana—in the role.

DEA Administrative Law Judge (ALJ) John Mulrooney initially agreed to delay
the rescheduling proceedings after several pro-reform parties requested a
leave to file an interlocutory appeal amid allegations that certain DEA
officials conspired with anti-rescheduling witnesses who were selected for
the hearing.

Originally, hearings on the proposed rescheduling rule were set to commence
on January 21, but those were cancelled when Mulrooney granted the appeal
motion.

The appeal came after the judge denied a motion that sought DEA’s removal
from the rescheduling proceedings altogether, arguing that it is improperly
designated as the chief “proponent” of the proposed rule given the
allegations of ex parte communications with anti-rescheduling witnesses
that “resulted in an irrevocable taint” to the process.

Meanwhile, the Justice Department told a federal court in January that it
should pause a lawsuit challenging DEA’s marijuana rescheduling process after
Mulrooney canceled the hearings.

Also in January, Mulrooney condemned DEA over its “unprecedented and
astonishing” defiance of a key directive related to evidence it is seeking
to use in the marijuana rescheduling proposal.

At issue was DEA’s insistence on digitally submitting tens of thousands of
public comments it received in response to the proposed rule to move
cannabis to Schedule III.

Mulrooney hasn’t been shy about calling out DEA over various procedural
missteps throughout this rescheduling process.

For example, in December he criticized the agency for making a critical
“blunder” in its effort to issue subpoenas to force Food and Drug
Administration (FDA) officials to testify in hearings—but he allowed the
agency to fix the error and ultimately granted the request.

Relatedly, a federal judge also dismissed a lawsuit seeking to compel DEA
to turn over its communications with the anti-cannabis organization.

Mulrooney had separately denied a cannabis research company’s request to
allow it to add a young medical marijuana patient and advocate as a witness
in the upcoming rescheduling hearing.

Also, one of the nation’s leading marijuana industry associations asked the
judge to clarify whether it will be afforded the opportunity to
cross-examine DEA during the upcoming hearings on the cannabis rescheduling
proposal.

Further, a coalition of health professionals that advocates for cannabis
reform recently asked that the DEA judge halt future marijuana rescheduling
hearings until a federal court is able to address a series of allegations
they’re raising about the agency’s witness selection process.

Separately, the House Appropriations Committee on Tuesday approved a
spending bill that contains provisions to block the Justice Department from
rescheduling marijuana.

The rescheduling proceedings have generated significant public interest.
While moving marijuana to Schedule III wouldn’t federally legalize it, the
reform would free up licensed cannabis businesses to take federal tax
deductions and remove certain research barriers.


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Meanwhile, two GOP senators introduced a bill in February that would
continue to block marijuana businesses from taking federal tax deductions
under Internal Revenue Service (IRS) code 280E—even if it’s ultimately
rescheduled.

Beyond the hearing delays, another complicating factor is the change in
leadership at DEA under the Trump administration.

U.S. Department of Health and Human Services (HHS) Secretary Robert F.
Kennedy Jr. was previously vocal about his support for legalizing cannabis,
as well as psychedelics therapy. But during his Senate confirmation process
in February, he said that he would defer to DEA on marijuana rescheduling in
his new role.

Separately, former Rep. Matt Gaetz (R-FL) was reportedly photographed
reviewing a document that appears to be a draft contract to provide
services—including “administration-related guidance”—to a firm affiliated
with the major marijuana company Trulieve. The visible portion of the
document describes a lucrative bonus if a certain “matter resolves,” with
an “additional ‘Super Success Fee’” for other “exclusive policy remedies.”

Last month, the former congressman reiterated his own support for
rescheduling cannabis—suggesting in an interview with a Florida Republican
lawmaker that the GOP could win more of the youth vote by embracing
marijuana reform.

Gaetz also said last month that Trump’s endorsement of a Schedule III
reclassification was essentially an attempt to shore up support among young
voters rather than a sincere reflection of his personal views about
cannabis.

A survey conducted by a GOP pollster affiliated with Trump that was
released in April found that a majority of Republicans back a variety of
cannabis reforms, including rescheduling. And, notably, they’re even more
supportive of allowing states to legalize marijuana without federal
interference compared to the average voter.

Meanwhile, Trump picked former Florida Attorney General Pam Bondi (R) to
run DOJ, and the Senate confirmed that choice. During her confirmation
hearings, Bondi declined to say how she planned to navigate key marijuana
policy issues. And as state attorney general, she opposed efforts to
legalize medical cannabis.

Amid the stalled marijuana rescheduling process that’s carried over from
the last presidential administration, congressional researchers recently
reiterated that lawmakers could enact the reform themselves with “greater
speed and flexibility” if they so choose, while potentially avoiding
judicial challenges.

Meanwhile, a newly formed coalition of professional athletes and
entertainers, led by retired boxer Mike Tyson, sent a letter to Trump on
Friday—thanking him for past clemency actions while emphasizing the
opportunity he has to best former President Joe Biden by rescheduling
marijuana, expanding pardons and freeing up banking services for licensed
cannabis businesses.

*Photo courtesy of Philip Steffan.*

The post Senate Advances Trump’s Pick For DEA Administrator, Who’ll Play
Key Role In Marijuana Rescheduling Process appeared first on Marijuana
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