Recent personnel actions at the HHS and DEA may be boding well … or not … for the re-uptake of the proposed marijuana rescheduling from Schedule I of the Controlled Substances Act to Schedule III.
The first is the naming of noted drug policy attorney Matthew Zorn as HHS Deputy General Counsel. Zorn is known for having successfully sued HHS, under FOIA, for the release of the 2023 scientific review that recommended that marijuana be reclassified. Bringing to light the report’s epidemiological data, risk assessments, and medical evaluations upon which their recommendations were based – which had previously been heavily redacted, exposed scientific evidence to support rescheduling.
The second is the Senate Judiciary Committee’s advancement of the nomination of Terrance Cole as Administrator of Drug Enforcement to the full Senate. While Cole has not taken a formal stance on the proposed rescheduling, and is not yet fully confirmed to the position, he stated in his confirmation hearing that review of the rescheduling would be a priority. While noting that he needs to familiarize himself with its status in the regulatory process, the science behind it, and the expert opinion, he said, “the process has been delayed numerous times, and it’s time to move forward.” However, the former DEA official had previously expressed concerns about marijuana use and shared articles on its dangers.
As to the Trump Administration, it has not taken an official stand, but Trump did make comments during his Presidential campaign supporting medical marijuana “access for adults, to safe, tested product,” safe banking, and state regulation. While DOJ issued a Schedule III proposal in May 2024, the rule remains in DEA’s administrative hearing phase with no final decision yet. So, it’s still difficult to tell which way it may go.
A federal rescheduling of marijuana into Schedule III would not completely legalize its use, rather, it would mean that it would be considered as a prescription drug, with the manufacture, distribution, dispensing, and possession of marijuana regulated under similar rules as Tylenol with codeine, ketamine, anabolic steroids, and testosterone. However, the rescheduling’s reduction in restrictions and federal medical approval would be a distinct step forward for its federal legalization.
Meanwhile, laws continue to be proposed and enacted among the states, both adding new legalizations and retracting provisions to tighten down formerly passed laws. With no clear end in sight on the federal level, we can likely expect the seesawing of the states to continue as consumers pass bills and legislators subvert provisions, such as in Ohio, where lawmakers are making changes, stating that voters didn’t know what they were voting on.
All written content in TAG articles, newsletters, and webpages is developed and written by TAG experts, not AI. We focus on the realities and the science to bring you the most current, exacting information possible.
