Senate Democrats Push DEA Nominee on Cannabis Rescheduling Stance

Two Senate Democrats have recently pressed President Trump’s nominee to head the Drug Enforcement Administration (DEA) on his position regarding cannabis rescheduling, as the issue of marijuana classification continues to stir political and legislative debates.

Terry Cole, nominated in February to replace Anne Milgram as DEA Administrator, faced tough questions from members of the Senate Judiciary Committee. These inquiries came in the form of follow-up written questions after his initial nomination hearing on April 30.

During that hearing, Cole had mentioned that he still needed more time to understand the cannabis rescheduling process. Specifically, he expressed that he needed to “understand more where they are” in the ongoing discussion about the plant’s classification. This ambiguous response didn’t sit well with some lawmakers, particularly Senator Cory Booker from New Jersey, who was quick to challenge Cole’s position.

Background on Cannabis Rescheduling and HHS’s Role

Senator Booker, a long-time advocate for cannabis reform, took the opportunity to provide Cole with a detailed timeline of recent events surrounding cannabis rescheduling. The key moment in this timeline occurred in August 2023 when the U.S. Department of Health and Human Services (HHS) issued a recommendation to reclassify cannabis as a Schedule III substance under the Controlled Substances Act (CSA).

The HHS recommendation was based on an extensive medical and scientific analysis, and it came as part of the broader Biden administration’s push to reform the U.S. approach to cannabis. If the recommendation were to go through, cannabis would no longer be classified as a Schedule I substance, a category that includes dangerous drugs like heroin and LSD, which are considered to have no medical use and a high potential for abuse.

Booker, knowing how crucial this reform is, made sure to explain to Cole that the HHS recommendation was grounded in extensive scientific review, stressing that it was not an arbitrary decision but a well-considered one.

The DOJ’s Proposal to Align with HHS

Building on that, Booker went further by highlighting that the Department of Justice (DOJ) had proposed a rule in May 2024 that would align federal law with the HHS recommendation. This rule would essentially support the reclassification of cannabis to Schedule III, paving the way for broader cannabis reform at the federal level.

Booker’s questioning aimed to hold Cole accountable for the DEA’s potential role in implementing this change. He wanted to know if Cole would be willing to follow the HHS’s recommendation, or if he would oppose it, as has been the case with certain members of the DEA in the past. With cannabis rescheduling being a highly contentious issue, the response to Booker’s question was expected to provide some insight into the nominee’s stance.

Cole’s Response: Walking the Tightrope

Terry Cole’s response to these questions, however, was somewhat evasive. While he didn’t outright reject the idea of cannabis being rescheduled, he stopped short of committing to the HHS recommendation. In his written answers, Cole said that the issue required careful consideration, adding that he needed to “continue to examine all the available data” before taking a firm stance.

This careful phrasing is typical of many political nominees, as they often seek to avoid alienating any potential allies before their confirmation. Yet, it also leaves open questions about how the DEA might approach cannabis reform if Cole is confirmed as Administrator.

The Larger Debate Around Cannabis Legalization

The issue of cannabis rescheduling is more than just a bureaucratic concern. It touches on larger debates surrounding the ongoing push for full cannabis legalization in the U.S. As of now, 23 states have legalised cannabis for recreational use, with more states moving towards legalisation every year. However, cannabis remains illegal at the federal level, with the DEA maintaining its classification as a Schedule I drug. This has led to a disconnect between state laws and federal regulations, leaving the cannabis industry in a constant state of legal uncertainty.

While rescheduling cannabis to Schedule III would not immediately legalise the drug, it would significantly ease restrictions on its medical use and open the door to more research into its potential benefits. It could also allow for greater access to banking and financial services for cannabis businesses, which currently operate in a grey area due to federal regulations.

The Importance of the DEA Administrator’s Role

As the head of the DEA, Cole would play a crucial role in determining how the agency enforces federal cannabis laws. His position on the issue could have far-reaching implications not just for the cannabis industry but for broader public health and criminal justice policies.

While Cole has remained cautious in his responses, he has also made it clear that he is committed to following the law. Given the increasing momentum for cannabis reform, this stance may become harder to maintain if the Biden administration continues pushing for rescheduling and legalisation.

A Waiting Game: What Happens Next?

The confirmation process for Cole remains in flux, and lawmakers will undoubtedly continue to press him on his position regarding cannabis rescheduling in the coming weeks. If confirmed, Cole’s position could set the tone for how the DEA handles cannabis-related issues in the future.

The continued debate over cannabis rescheduling underscores the growing divide between state and federal cannabis policies. As states continue to push for reform, the question remains: when will federal law catch up?