New DEA Administration Is Silent On Cannabis Rescheduling

Well, dear readers, cannabis rescheduling may be dead in the water for now. 

Last year, countless Americans were hopeful regarding the reclassification of cannabis from a Schedule I to a Schedule III substance. It seemed like we were truly ready to move forward as a country and recognize marijuana as a plant with numerous health benefits. The Drug Enforcement Administration (DEA) even opened the floor to public opinion, receiving tens of thousands of comments in support of the change, and the initial hearings were set for December 2024. 

So, what has happened since then? 

The Current State of the DEA 

After the election, the rescheduled hearing was pushed to January 21 of this year. On January 13, it was outright cancelled by John J. Mulrooney, the DEA’s chief administrative law judge. At that time, they pledged to provide an update in 90 days. The update never came. 

The DEA remained in a state of flux for some time until President Donald Trump’s new DEA administrator, Terrance Cole, was sworn in on July 23. At Cole’s Senate confirmation hearing in April, he pledged to make reviewing the rescheduling administrative process one of his “first priorities.” Now, however, he has released a list of his top 8 objectives, none of which include cannabis. 

Instead, he has chosen to focus his attention on other targets, including cartels, fentanyl, and the dark web. Many of his efforts are centered around fentanyl; he was a strong supporter of the Halt Fentanyl Act, signed in July of this year, which moved fentanyl-related substances (namely, illegally synthesized and traded fentanyl) into Schedule I. Interestingly, prescription fentanyl is still ranked as a “safer” drug than cannabis at Schedule II. 

Many proponents of cannabis rescheduling can’t help but wonder what happened between April and July – did Cole change his mind? Is he simply not worried about cannabis at this time? Or, perhaps, are there unseen influences to blame? 

What’s Going On Behind The Scenes? 

In November 2024, pro-rescheduling groups Village Farms and Hemp for Victory filed a claim against the DEA for having “undisclosed conflicts of interest and extensive ex parte communications.” They aimed to have the DEA removed from the rescheduling proceedings altogether. 

The evidence against the DEA included their rejection of Colorado’s participation in the hearings, communication with anti-rescheduling groups, and improperly filed court documents that contained biased anti-cannabis stances. Village Farms said of the issue: “These proceedings are a sham orchestrated by the DEA to stonewall cannabis from being transferred to a Schedule III designation.” 

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Ultimately, not much has come from this, as the hearings were all delayed indefinitely. Under our current administration, it’s unclear what else may have happened over the last eight months. But it does highlight the potential corruption going on at the DEA behind closed doors. 

Terrance Cole: Cannabis Friend or Foe? 

Despite his statement at his confirmation hearing, which was firmly (and strategically) neutral on the topic of cannabis, Cole’s past has raised concerns about his support of broader marijuana policy change. 

Cole was employed with the DEA for 21 years prior to his newest appointment, and he has spent time working as Virginia’s secretary of Public Safety and Homeland Security under Governor Glenn Youngkin (R). In that role, he was in charge of overseeing the Virginia Cannabis Control Authority (CCA), but he didn’t hide his feelings about the matter. 

“Everybody knows my stance on marijuana after 30 plus years in law enforcement, so don’t even ask!” He wrote on a LinkedIn post after visiting the CCA one day. Hashtags included #justsayno, #disorders, #notlegal4distribution, and #healthissues, leaving little room for confusion on his position. 

Throughout his career, he has often shared articles and social media posts promoting anti-cannabis views, some of which have linked cannabis use to higher youth suicide rates and potential mental or physical health risks. A Just Think Twice article he reposted in 2024 claims, “people are unaware that marijuana, especially when it contains more THC, is a risk factor for psychosis and schizophrenia, as well as the fact that it stunts brain growth, sometimes includes lead and mercury, and can alter male sperm DNA linked to autism.” 

In a nutshell, Cole is not a fan of cannabis. 

READ: What Is Going On With The Cannabis Reschedule?

What’s Next for Cannabis Rescheduling? 

Unfortunately, the current state of our administration makes it hard to hope for any significant progress on the rescheduling matter over the next few years. Despite Cole’s promise to review the rescheduling process, he seems to have moved on to other priorities and issues – and it’s unlikely that he’s going to make haste with marijuana. 

The actions Cole takes over the next few months are going to define his term. Will he choose to stay silent on the issue and let it linger in limbo, or can he make the effort to be neutral on the subject and allow science and facts to lead the way? One thing is clear: cannabis stakeholders, activist groups, politicians, and citizens alike are not going to let him off the hook. 

Kyle Sherman, CEO of Flowhub, told Cannabis Business Times: “If Administrator Cole honors this Executive Order, the will of the public, the President’s promise to unlock safe access to medical cannabis through the reclassification of cannabis to a Schedule III drug, and his own promise to ‘listen to the experts’ and ‘follow the science’ as he testified during his nomination hearing, we’re hopeful he can be an agent of long overdue reform. But we’ll be watching closely.”