President Donald Trump publicly addressed cannabis rescheduling for the first time since taking office 203 days ago, telling reporters during a White House press conference on Aug. 11 that “We’re only looking at that. That’s early.”
Trump was referring to a proposal to reclassify cannabis from Schedule I to Schedule III under the Controlled Substances Act, a process that was initiated under President Joe Biden but has been stalled since early January amid an administrative law judge hearing that was sidetracked by an interlocutory appeal.
Trump’s public comments on Monday fell on the heels of media reports last week that he told $1 million donors during a private dinner event at his golf club in New Jersey that he was entertaining movement on the reform proposal.
During the White House press conference, Trump acknowledged strong positions on both sides of the issue.
“Some people like it. Some people hate it,” Trump said. “Some people hate the whole concept of marijuana because it does bad for the children; it does bad for people that are older than children. But we’re looking at reclassification, and we’ll make a determination over the next, I would say, over the next few weeks, and that determination hopefully will be the right one.”
Trump turned around and looked at Attorney General Pam Bondi when he mentioned the timeframe for the determination.
The current Schedule III proposed rule was signed by Bondi’s predecessor, Merrick Garland, whom some people believe undelegated the Drug Enforcement Administration’s (DEA) authority to issue a final rule and put that authority back in the hands of the attorney general.
While Trump pledged during the campaign trail in September 2024 that, as president, he’d “unlock the medical uses of marijuana to a Schedule III drug,” he indicated on Monday that the Schedule III reform is not so much a done deal.
“It’s a very complicated subject—the subject of marijuana,” he said. “I’ve heard great things having to do with medical, and I’ve [heard] bad things having to do with just about everything else. But medical and for pain and various things, I’ve heard some pretty good things. But for other things, I’ve heard some pretty bad things.”
The fact that a White House decision is coming—one way or the other—adds a sense of certainty to an issue that’s been otherwise uncertain since August 2024, when former DEA Administrator Anne Milgram granted an administrative law judge hearing to allow pro- and anti-rescheduling parties to debate the merits of the proposed rule.
However, the hearing process has been stayed since the DEA’s now-retired administrative law judge granted the interlocutory appeal eight months ago. In particular, the DEA’s new administrator, Terrance Cole, who was confirmed and sworn in last month, holds the power to resolve the appeal and resume the hearing process.
While Cole indicated last year that his cannabis policy aligns with the late former first lady Nancy Reagan’s “just say no” drug campaign of the 1980s, he also vowed during his confirmation hearing in April to move the rescheduling hearing process forward as one of his “first priorities.” After being confirmed last month, he omitted rescheduling from his priority list.
Regardless of Cole’s policy position or priority list, Trump sent a clear message during his first term in office: Cabinet members and appointees who act independently without the president’s approval often don’t stick around long.
That said, many cannabis industry stakeholders believe the rescheduling buck stops with Trump, who confirmed on Monday that his administration has now turned to the issue and a decision could come as soon as this month.
