DEA Says Marijuana Rescheduling Appeal Process Remains Stalled Under New Administrator Who Pledged To Prioritize The Issue

The Drug Enforcement Administration (DEA) says in a new filing that the marijuana rescheduling process remains stalled at the stage it has been on for months, despite the head of agency’s prior commitment to senators that he would prioritize the issue if confirmed for the role.

President Donald Trump said in August that he intended to make a decision on the proposal to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA) within weeks. But more than two months later, the administration has yet to move on the reform.

Amid the inaction, DEA and pro-reform witnesses in the rescheduling case that was previously before an agency administrative law judge have again submitted a joint status report saying there is mutual agreement that an appeal of the proceedings remains pending.

“To date, Movants’ interlocutory appeal to the Administrator regarding their Motion to Reconsider remains pending with the Administrator,” the filing, submitted on Monday, says. “No briefing schedule has been set.”

This doesn’t constitute a new delay of rescheduling’s consideration, which has been stalled out for months after legal challenges to the administrative process were raised during prior proceedings. But it does signal that there hasn’t been substantive movement between the parties with respect to the interlocutory appeal.

This is the third joint status report, with largely identical language, that the parties agreed to pursuant to the administrative court’s order. But this is the first time that it was submitted with DEA Administrator Terrance Cole in charge of the agency. Cole said during his confirmation hearings that examining the rescheduling proposal would be “one of my first priorities.”

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Separately, Trump’s nominee for White House drug czar, Sara Carter, told members of the Judiciary Committee at a hearing last month that the administration is keeping “all options” on the table as it continues to consider the marijuana rescheduling proposal, while describing cannabis reform as a “bipartisan issue.”

Three GOP senators discussed the impact of  the administration potentially rescheduling cannabis in interviews with Marijuana Moment last with, with two of them describing the move as a “game changer.”

Meanwhile, one of Trump’s longtime advisors, Roger Stone, recently said that his administration has an opportunity to move forward with marijuana rescheduling—or, even broader legalization—in a way that Democrats who regularly tout the reform failed to achieve when they controlled the White House and Congress.

The comments came in response to the president’s social media post late last month where he shared a video that touted the health benefits of hemp-derived CBD, particular for seniors.

The Republican Senate sponsor of a bipartisan cannabis banking bill said recently that Trump rescheduling marijuana would be an “important domino” to advance his legislation.

Whether Trump ultimately decides to move forward with rescheduling remains to be seen. Despite his endorsement of the policy change on the campaign trail ahead of his election for a second term, he declined to restate that support when asked about it during a briefing late last month—though he did say a decision would come within weeks.

Read the text of the latest joint status report on the marijuana rescheduling process below:

Photo courtesy of Philip Steffan.