Trump’s DEA Pick Refuses To Detail Marijuana Rescheduling Stance In Response To Senator’s Questions
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President Donald Trump’s pick to lead the Drug Enforcement Administration (DEA) is declining to commit to rescheduling marijuana, or to say how he’d approach federal enforcement in states that have legalized cannabis.
In written responses to questions from two Democratic senators as part of his confirmation, the nominee for DEA administrator, Terrance Cole, largely demurred on multiple questions around marijuana policy issues, including a pending proposal to move cannabis from Schedule I to Schedule III that was initiated under the Biden administration.
Asked by Sens. Cory Booker (D-NJ) and Alex Padilla (D-CA) about his position on that proposal, Cole—who has previously voiced concerns about the dangers of marijuana and linked its use to higher suicide risk among youth—simply said that, if confirmed, he will “give the matter careful consideration after consulting with appropriate personnel within the Drug Enforcement Administration, familiarizing myself with the current status of the regulatory process, and reviewing all relevant information.”
While he gave noncommittal answers when asked about rescheduling in the written questions, Cole said during an in-person hearing before the Senate Judiciary Committee last month that examining the rescheduling proposal will be “one of my first priorities” if he’s confirmed for the role, saying it’s “time to move forward” on the stalled process—but again without clarifying what end result he would like to see.
“I’m not familiar exactly where we are, but I know the process has been delayed numerous times—and it’s time to move forward,” he told Padilla at the time. “I need to understand more where [agencies] are and look at the science behind it and listen to the experts and really understand where they are in the process.”
In the newly released written questions, Booker further asked the nominee whether he felt DEA is “bound” by the scheduling process as articulated under the Controlled Substances Act (CSA).
“As in all matters, if confirmed, I would look at the individualized facts and circumstances and follow the law and any policies of the Department,” Cole said.
The prospective DEA head then responded to several follow-up questions—such as whether the agency should abide by scheduling recommendations made by the U.S. Department of Health and Human Services (HHS) or whether drugs that have been found to be harmless and medically beneficial should be in Schedule I—by simply referencing his earlier comments.
He took a similar approach to the questions for the record (QFRs) from Padilla, who similarly pressed the nominee on the rescheduling process, which has been stalled amid legal challenges by witnesses participating in administrative hearings to finalize the proposed rule.
Cole gave identical responses to questions about his views on rescheduling and whether he believes marijuana possesses therapeutic value. He then again continued to reference those comments in response to questions about how he’d approach enforcement of federal law if cannabis was moved to Schedule III and the prospect of new federal guidance for enforcement priorities around marijuana.
“What is your view on the continued criminalization of marijuana at the federal level in states that have legalized its use? How should the DEA approach investigations or enforcement actions in those jurisdictions?” Padilla asked.
The nominee repeated: “If confirmed, I will give the matter careful consideration after consulting with appropriate personnel within the Drug Enforcement Administration and reviewing all relevant information.”
At the Judiciary Committee hearing last month, Cole also said in response to questions from Sen. Thom Tillis (R-NC) that he feels it’s appropriate to form a “working group” to look at the federal-state marijuana law disconnect in order to “stay ahead of it.”
The nominee worked at DEA for 21 years and currently serves as Virginia’s secretary of Public Safety and Homeland Security (PSHS), where part of his responsibility is to oversee the state Cannabis Control Authority (CCA).
After a visit to CCA’s office last year, Cole posted on LinkedIn: “Everybody knows my stance on marijuana after 30 plus years in law enforcement, so don’t even ask!”
Trump initially chose Hillsborough County, Florida Sheriff Chad Chronister to lead DEA, but the prospective nominee—who strongly advocated for marijuana decriminalization—withdrew from consideration in January amid scrutiny from conservative lawmakers over the sheriff’s record on COVID-related public safety enforcement actions.
As far as the marijuana rescheduling process is concerned, DEA recently notified an agency judge that the proceedings are still on hold—with no future actions currently scheduled as the matter sits before the acting administrator, Derek Maltz, who has called cannabis a “gateway drug” and linked its use to psychosis.
Meanwhile, although shutting down licensed marijuana dispensaries doesn’t “rise to the top” of his priorities, an interim 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.” He’s since rescinded his consideration for unrelated reasons, however.
Separately, last month, 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) has also 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 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.
Read Cole’s full responses to senators’ marijuana questions below:
QUESTIONS FROM SENATOR CORY A. BOOKER
1. In October 2022, the Department of Justice (DOJ) requested the Department of Health and Human Services (HHS) to conduct a scientific review of how marijuana is scheduled under the Controlled Substances Act. Section 811(b) of Title 21 of the United States Code requires the Attorney General to request a scheduling recommendation from the Secretary of HHS, based on an eight-factor medical and scientific analysis, to schedule, reschedule, or deschedule a substance. After conducting this eight-factor review and gathering scientific findings, HHS submitted a recommendation to DOJ to reschedule marijuana from Schedule I to Schedule III. In May 2024, DOJ published a notice of proposed rulemaking to move cannabis from Schedule I to Schedule III under the Controlled Substances Act.
a. If confirmed, will you follow the HHS recommendation to reschedule cannabis from Schedule I to Schedule III?
RESPONSE: If confirmed, I will give the matter careful consideration after consulting with appropriate personnel within the Drug Enforcement Administration, familiarizing myself with the current status of the regulatory process, and reviewing all relevant information.
b. Is DOJ bound by the schedule process required by the Controlled Substances Act?
RESPONSE: As in all matters, if confirmed, I would look at the individualized facts and circumstances and follow the law and any policies of the Department.
c. Under what circumstances do you believe it would be appropriate for the DEA to reject HHS’s recommendation? Please provide specific examples.
RESPONSE: Please see my response to Question 1.a. above.
2. Since the enactment of the Controlled Substances Act more than 50 years ago, DEA has never overruled HHS’s recommendation to re- or de-schedule a drug from the list of controlled substances.
a. If you are confirmed, do you commit to following the scheduling process required by the Controlled Substances Act?
RESPONSE: Please see my response to Question 1.b. above.
b. Do you commit to following HHS’s scheduling recommendations?
RESPONSE: Please see my response to Question 1.a. above.
c. Should substances be scheduled according to their potential for abuse and accepted medical use, as required by the Controlled Substances Act?
RESPONSE: Please see my response to Question 1.b. above.
d. Should substances that are harmless or have medical use belong in Schedule I, which is reserved for the most dangerous substances that have no medical use?
RESPONSE: Please see my response to Question 1.b. above.
Questions for the Record from Senator Alex Padilla
1. As Administrator, you would play a critical role in ensuring the agency’s enforcement posture adapts to any new legal framework for marijuana.
a. Do you believe marijuana has currently accepted medical use in treatment in the United States? Please explain your reasoning, including what factors the DEA should consider when evaluating scientific and medical evidence.
RESPONSE: If confirmed, I will give the matter careful consideration after consulting with appropriate personnel within the Drug Enforcement Administration, familiarizing myself with the current status of the regulatory process, and reviewing all relevant information.
b. The DEA has initiated proceedings to reclassify marijuana as a Schedule III substance under the Controlled Substances Act. If confirmed, will you commit to completing the rulemaking process in a timely and good-faith manner, consistent with HHS’s scientific and medical recommendations?
RESPONSE: Please see my response to Question 1.a above.
c. What steps would you take to ensure that the DEA’s enforcement practices reflect the new classification of marijuana under Schedule III and do not undermine the agency’s credibility?
RESPONSE: Please see my response to Question 1.a above.
d. What is your view on the continued criminalization of marijuana at the federal level in states that have legalized its use? How should the DEA approach investigations or enforcement actions in those jurisdictions?
RESPONSE: If confirmed, I will give the matter careful consideration after consulting with appropriate personnel within the Drug Enforcement Administration and reviewing all relevant information.
e. How will DEA guidance to personnel change with the reclassification of marijuana to Schedule III? Will you instruct DEA agents to deprioritize enforcement actions against marijuana-related activities conducted in compliance with state law?
RESPONSE: Please see my response to Question 1.a above.
f. How do you plan to ensure that rescheduling does not create new criminal enforcement risks for individuals or businesses operating lawfully under state marijuana regimes, particularly with respect to controlled substance analogues or derivative products?
RESPONSE: Please see my response to Question 1.d above.
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