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The Justice Department says there are currently no updates on the marijuana rescheduling process that President Donald Trump instructed the attorney general to complete “in the most expeditious manner” more than a month ago.
As advocates and industry stakeholders await the completion of that process, DOJ deputy director of public affairs Wyn Hornbuckle told Marijuana Moment on Wednesday that “we don’t have any comment or updates” at this time.
It’s been over 40 days since Trump signed an executive order directing Attorney General Pam Bondi to quickly finalize a rule moving cannabis from Schedule I to Schedule III of the Controlled Substance Act (CSA), raising hopes among supporters that the process initiated under the Biden administration was nearing the finish line.
Bondi, who opposed cannabis reform as Florida’s attorney general, didn’t attend that signing ceremony, and the Justice Department has been notably silent on the issue in the weeks since—even as the White House recently touted the president’s order as an example of a policy achievement during the first year of his second term.
Former Rep. Matt Gaetz (R-FL), Trump’s first pick for attorney general this term who ultimately withdrew his nomination, raised eyebrows on Wednesday after posting on X that he’s been told the Drug Enforcement Administration (DEA) is actively drafting a rescheduling rule and intended to issue it “ASAP.”
There’s some confusion around that point, however, as a rule is already pending before the Justice Department—and a new rule would presumably be subject to additional administrative review and public comment.
Paul Armentano, deputy director of NORML, told Marijuana Moment on Thursday that “this administrative process is neither designed to be expeditious nor transparent.”
“As a matter of procedure, there remain several steps that must be taken prior to the issuance of any final proposed rule and it is unclear how far along the requisite federal agencies are in completing these steps,” he said. “Further, the rule itself will no doubt be subject to both internal and interagency review prior to becoming public.”
Armentano added that “there exists the reality that any final rule will likely be subject to legal challenges, which could potentially delay the implementation process even further.”
To that point, the prohibitionist group Smart Approaches to Marijuana (SAM) has made clear its intent to litigate in the event of a rescheduling action, retaining the legal services of former Attorney General Bill Barr, who served during Trump’s first term in office.
Shane Pennington, an attorney representing pro-rescheduling witnesses in administrative hearings who has a history of going to bat with DEA, told Marijuana Moment that “we’ve heard rumors about timelines and process expectations, but the fact is, even after an extensive rulemaking process and the president’s recent executive order, we remain in a holding pattern.”
Earlier this week on Tuesday, meanwhile, the White House declined to comment on the status of the rescheduling process, deferring Marijuana Moment to the Justice Department.
A Democratic senator told Marijuana Moment earlier this month that it’s “too early to tell” what the implications of Trump’s cannabis order would be—saying that while there are “things that look promising” about it, he is “very concerned about where the DOJ will land.”
“The ability of the Trump administration to speak out of both sides of their mouth is staggering,” Sen. Cory Booker (D-NJ) said. “So I’m just going to wait and see right now. Obviously, there’s things that look promising—to end generations of injustice. I really want to wait and see.”
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Also this month, two GOP senators filed an amendment to block the Trump administration from rescheduling cannabis, but it was not considered on the floor.
Meanwhile, earlier this month, DEA said the cannabis rescheduling appeal process “remains pending” despite Trump’s executive order.
A recent Congressional Research Service (CRS) report discussed how DOJ could, in theory, reject the president’s directive or delay the process by restarting the scientific review into marijuana.
Bondi separately missed a congressionally mandated deadline this month to issue guidelines for easing barriers to research on Schedule I substances such as marijuana and psychedelics.
Kyle Jaeger is Marijuana Moment’s Sacramento-based managing editor. He’s covered drug policy for more than a decade—specializing in state and federal marijuana and psychedelics issues at publications that also include High Times, VICE and attn. In 2022, Jaeger was named Benzinga’s Cannabis Policy Reporter of the Year.
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