Trump’s First Attorney General Pick Shares ‘Theory’ About Why Marijuana Hasn’t Been Federally Legalized Yet

Former Rep. Matt Gaetz (R-FL), President Donald Trump’s first pick for U.S. attorney general before he withdrew from consideration, says there’s a “winning coalition” of libertarian-leaning Republicans and Democrats to federally legalize marijuana—but only if Democrats drop their push for social equity and “reparations.”

On an episode of his One America News program “The Matt Gaetz Show” on Monday, Gaetz spoke with Mason Tvert, a partner at the drug policy reform firm Strategies 64, about the politics of cannabis and why Congress has so far been unable to advance legislation that aligns with voters’ will.

“I’ve been in those discussions, and a lot of people would look at this and say, ‘Gosh, most Americans don’t believe that marijuana should be criminal. There’s a rising consensus around that. Why can’t libertarian-leaning Republicans get together with pro-legalization Democrats and achieve a winning political coalition?’” he said.

“Here’s my theory for the case on that: Unfairly, marijuana has had to carry on its back the political burden of reparations,” Gaetz said. “A lot of lawmakers in the Congressional Black Caucus favor reparations, and they want the revenue from marijuana taxation or licenses to function as the distribution system for racial reparations.”

Deschedule Marijuana https://t.co/0iU4SzBhD0

— Matt Gaetz (@mattgaetz) April 29, 2025

The former congressman bucked that theory himself while he was in office, breaking ranks with GOP members by twice voting in favor of Democratic-led marijuana legalization bills that did incorporate equity provisions. That said, he did voice similar criticism at the time despite giving the measures his support.

“I just think that it divides the coalition, right? You obviously have a winning coalition with libertarian-leaning Republicans like me and Democrats who favor legalization,” he said. “But when you insist upon marijuana legalization laws also doing as some have insisted—which is giving licenses to certain Black farmers or making sure that the revenue from taxation goes into Black communities more than into white communities—then you lose the libertarians, and I think that’s one of the reasons why we don’t have the safe banking law.”

Tvert, for his part, said that “cannabis prohibition had a much greater negative impact on communities of color and certain populations of people,” pointing out that many advocates believe that “those people should be insured a place at the table when it comes to creating these laws, and, of course, when it comes to owning these businesses.”

He also noted that “cannabis has been illegal for about 100 years, and it’s not going to be easy to flip the switch here.”

Gaetz responded with a jab at the age demographics of Congress, saying “yeah sometimes it seems like some of those senators have been around for about the same period of time.”

In March, the former congressman separately said that “meaningful” marijuana reform is “on the horizon” under the Trump administration, praising the president’s “leadership” in supporting rescheduling.

Advocates and stakeholders were generally encouraged when Trump picked Gaetz to lead the Justice Department following his election, even if the pick was controversial for unrelated reasons. Having an attorney general who proactively championed reform would have represented a major shift, and many felt it would have boded well for seeing through the rescheduling process.

Since then, however, 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.

Adding to the uncertainty around the fate of the rescheduling proposal, Trump’s nominee to lead DEA, Terrance Cole, has previously voiced concerns about the dangers of marijuana and linked its use to higher suicide risk among youth.

Meanwhile, although shutting down licensed marijuana dispensaries doesn’t “rise to the top” of his priorities, a U.S. attorney who recently warned a Washington, D.C. cannabis shop about potential federal law violations says his “instinct is that it shouldn’t be in the community.”

Separately last week, an activist who received a pardon for a marijuana-related conviction during Trump’s first term paid a visit to the White House, discussing future clemency options with the recently appointed “pardon czar.”

A marijuana industry-backed political action committee (PAC) also has released a series of ads over recent weeks that have attacked Biden’s cannabis policy record as well as the nation of Canada, promoting sometimes misleading claims about the last administration while making the case that Trump can deliver on reform.

Its latest ad accused former President Joe Biden and his Drug Enforcement Administration (DEA) of waging a “deep state war” against medical cannabis patients—but without mentioning that the former president himself initiated the rescheduling process that marijuana companies want to see completed under Trump.

The current acting administrator of DEA, Derek Maltz, has separately made a series of sensational claims about marijuana, calling it a gateway drug that sets children up to use other substances, suggesting marijuana use is linked to school shootings and alleging that the Justice Department “hijacked” the cannabis rescheduling process from DEA.

Earlier this month, DEA notified an agency judge that the marijuana rescheduling process is still on hold—with no future actions currently scheduled as the matter sits before Maltz.

Meanwhile, a recent poll found that a majority of Republicans back a variety of cannabis reforms. And notably, they’re even more supportive of allowing states to legalize marijuana without federal interference compared to the average voter.

The survey showed that majorities of overall voters (70 percent) and GOP voters (67 percent) back rescheduling cannabis.

The survey was first noted by CNN in a report last month that quoted a White House spokesperson saying the administration currently has “no action” planned on marijuana reform proposals, including those like rescheduling and industry banking access that Trump endorsed on the campaign trail last year.

The White House has also said that marijuana rescheduling is not a part of Trump’s drug policy priorities for the first year of his second term—a disappointment for advocates and stakeholders who hoped to see him take speedier action.

Meanwhile, former marijuana prisoners who received clemency from Trump during his first term staged an event outside the White House earlier this month, expressing gratitude for the relief they were given and calling on the new administration to grant the same kind of help to others who are still behind bars for cannabis.

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