Senate Advances Trump’s Pick For DEA Administrator, Who’ll Play Key Role In Marijuana Rescheduling Process

OG Article By Kyle Jaeger

July 22, 2025

DEA Leadership and the Future of Cannabis Rescheduling: A Tense Standoff

The Senate has taken a critical step towards confirming President Donald Trump’s nominee to lead the Drug Enforcement Administration (DEA), a decision poised to significantly impact the fate of cannabis rescheduling.

Terrance Cole, the chosen candidate for DEA administrator, faces a final confirmation vote expected on Tuesday morning, following a narrow 44-43 Senate approval on Monday to advance his nomination. The DEA has been operating under interim leadership throughout Trump's second term, making Cole's potential confirmation all the more crucial.

While Cole has stated that examining the cannabis rescheduling proposal would be "one of my first priorities" if confirmed, he's been tight-lipped about his preferred outcome. This silence is particularly notable given his past remarks expressing concerns about the health effects of cannabis, including linking its use to a higher suicide risk among youth. In response to senators' written questions, Cole affirmed he would "give the matter careful consideration after consulting with appropriate personnel... and reviewing all relevant information."

Rescheduling Stalled: A Bureaucratic Battle

The ongoing review of the cannabis rescheduling proposal, initiated under the Biden administration, has been mired in delays. Just this month, the DEA informed an agency judge that the process remains stalled under the Trump administration.

It's been six months since DEA Administrative Law Judge (ALJ) John Mulrooney temporarily paused hearings on the proposal to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA). In a joint report submitted Monday, DEA attorneys and rescheduling proponents confirmed they're still at an impasse.

For now, any progress on the proposed rule appears to hinge on DEA Acting Administrator Robert Murphy. Many believe, however, that significant movement won't occur until a permanent DEA administrator is confirmed. Murphy’s appointment wasn't widely publicized, and he replaced Derek Maltz, a proponent of the "gateway drug" theory for cannabis.

Allegations and Accusations: The Legal Quagmire

The rescheduling proceedings have been fraught with legal challenges and accusations. ALJ Mulrooney initially agreed to delay hearings after pro-reform parties alleged that certain DEA officials conspired with anti-rescheduling witnesses selected for the hearing. These hearings were originally slated for January 21 but were canceled when Mulrooney granted the appeal motion.

This appeal followed the judge’s denial of a motion to remove the DEA from the rescheduling proceedings entirely. Critics argued that the DEA was improperly designated as the chief "proponent" of the proposed rule given the allegations of "ex parte communications with anti-rescheduling witnesses" that "resulted in an irrevocable taint" to the process.

Adding to the complexity, the Justice Department told a federal court in January that it should pause a lawsuit challenging DEA’s cannabis rescheduling process after Mulrooney canceled the hearings.

Judge Mulrooney's Scrutiny

ALJ Mulrooney has not shied away from criticizing the DEA's handling of the rescheduling process. In January, he condemned the agency for its "unprecedented and astonishing" defiance of a key directive regarding evidence it sought to use, specifically the digital submission of tens of thousands of public comments.

He also criticized the DEA in December for a "critical blunder" in its effort to subpoena Food and Drug Administration (FDA) officials to testify, though he ultimately allowed the agency to fix the error and granted the request. Separately, a federal judge dismissed a lawsuit seeking to compel the DEA to turn over its communications with an anti-cannabis organization.

Mulrooney also denied a cannabis research company's request to add a young medical cannabis patient and advocate as a witness. Furthermore, a leading cannabis industry association has asked the judge to clarify whether it will be allowed to cross-examine the DEA during upcoming hearings. A coalition of health professionals advocating for cannabis reform has also asked the DEA judge to halt future hearings until a federal court addresses allegations about the agency’s witness selection process.

Political Maneuvers and Public Interest

Beyond the hearing delays, changes in DEA leadership under the Trump administration present another complicating factor.

The rescheduling proceedings have garnered significant public interest. While moving cannabis to Schedule III wouldn't federally legalize it, it would offer crucial relief to licensed cannabis businesses, allowing them to take federal tax deductions and removing certain research barriers. However, two GOP senators introduced a bill in February that would continue to block cannabis businesses from federal tax deductions, even if rescheduling occurs.

U.S. Department of Health and Human Services (HHS) Secretary Robert F. Kennedy Jr., previously a vocal supporter of legalizing cannabis and psychedelics therapy, stated during his Senate confirmation in February that he would defer to the DEA on cannabis rescheduling in his new role.

Meanwhile, former Rep. Matt Gaetz (R-FL) has been reportedly photographed reviewing a draft contract related to providing services, including "administration-related guidance," to a firm affiliated with major cannabis company Trulieve. The document reportedly outlined a lucrative bonus upon a "matter resolves" and an "additional ‘Super Success Fee’" for other "exclusive policy remedies."

Last month, Gaetz reiterated his support for rescheduling cannabis, suggesting in an interview that the GOP could attract more youth voters by embracing cannabis reform. He also suggested that Trump's endorsement of Schedule III reclassification was primarily a political move to gain youth support rather than a sincere reflection of his personal views.

Indeed, an April survey by a GOP pollster affiliated with Trump found that a majority of Republicans support various cannabis reforms, including rescheduling, and are even more supportive than the average voter of allowing states to legalize cannabis without federal interference.

Trump also selected former Florida Attorney General Pam Bondi (R) to run the DOJ, a choice the Senate confirmed. During her confirmation hearings, Bondi declined to comment on her plans for key cannabis policy issues. As state attorney general, she had opposed efforts to legalize medical cannabis.

Legislative Alternatives and Advocacy

Amidst the stalled rescheduling process, congressional researchers recently reiterated that lawmakers could enact the reform themselves with "greater speed and flexibility," potentially avoiding judicial challenges.

Adding to the chorus of advocates, a newly formed coalition of professional athletes and entertainers, led by retired boxer Mike Tyson, recently sent a letter to Trump. They thanked him for past clemency actions and emphasized the opportunity he has to outshine former President Joe Biden by rescheduling cannabis, expanding pardons, and freeing up banking services for licensed cannabis businesses.