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Marijuana Moment

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.”

Read more

https://www.marijuanamoment.net/trumps-dea-pick-refuses-to-detail-marijuana-rescheduling-stance-in-response-to-senators-questions/