Marijuana Moment: Marijuana Rescheduling Could Be Impacted If Trump Replaces Bondi As Attorney General With Zeldin

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President Donald Trump announced on Thursday that Attorney General Pam Bondi will be transitioning out of the role. He is reportedly considering replacing her with Environmental Protection Agency Administrator Lee Zeldin—a move that could have major implications for marijuana reform as a proposal to federally reschedule cannabis remains pending at the Department of Justice.

“Pam Bondi is a Great American Patriot and a loyal friend, who faithfully served as my Attorney General over the past year,” the president said in a post on his Truth Social platform. “Pam did a tremendous job overseeing a massive crackdown in Crime across our Country, with Murders plummeting to their lowest level since 1900. We love Pam, and she will be transitioning to a much needed and important new job in the private sector, to be announced at a date in the near future.”

On Wednesday, The New York Times had reported that Trump has grown “frustrated” with Bondi’s leadership at DOJ, in particular her handling of the release of files related to Jeffrey Epstein.

While the president told the paper in a statement that Bondi “is a wonderful person and she is doing a good job,” the report cited sources who said he has floated the idea of replacing her with Zeldin, who previously served in Congress and as a New York state senator and unsuccessfully ran for governor.

While The Times did not mention marijuana as a reason for Trump’s reported dissatisfaction with Bondi, it has been more than three months since he issued an executive order directing her to complete the process of moving cannabis from Schedule I of the Controlled Substances Act to Schedule III “in the most expeditious manner,” and that has not happened.

If Bondi, who opposed cannabis reform in Florida as that state’s attorney general, is replaced by Zeldin, who has a mixed record on cannabis reform, it could impact whether and how soon the rescheduling process is completed.

As a member of the U.S. House of Representatives, he voted against a bill to federally legalize and tax marijuana in 2020 and was absent for a vote on a version of the legislation in 2022.

He voted in favor of 2015 amendments to protect state medical cannabis programs and CBD policies from federal interference but opposed amendments that year and in 2019 and 2020 to extend the protections to state recreational marijuana laws.

In 2015 and 2016, Zeldin voted for amendments to allow Department of Veterans Affairs doctors to issue medical cannabis recommendations.

In 2022, Zeldin voted against an amendment to require federal agencies to review security clearance denials going back to 1971 and retroactively make it so cannabis could not be used “as a reason to deny or rescind a security clearance.”

In 2019, he voted in favor of a bill to increase marijuana businesses’ access to banking services but missed a vote on a later version of the legislation in 2021.

In 2019 and 2021, Zeldin voted against amendments aimed at removing restrictions on psychedelics research.

In 2021 he voted for an anti-reform amendment to remove protections for universities that study marijuana.

As a state senator in New York, he voted against the bill that legalized medical cannabis in 2014.

In a 2022 gubernatorial debate with New York Gov. Kathy Hochul (D), Zeldin complained about smelling cannabis in public and said he is opposed to opening drug overdose prevention centers.

Also that year, he criticized state regulators’ move to give priority access to marijuana dispensary licenses for people with prior convictions in an interview with Tucker Carlson in which he also questioned New York City’s move to allow safe consumption sites for illegal drugs to operate.

In a now-deleted tweet, Zeldin said that “the Criminals for Kathy coalition is growing.”

“Cannabis dispensary licenses are going to start getting distributed in NY, & the Hochul admin will be giving FIRST PRIORITY to people previously convicted for marijuana offenses,” he said. “Hochul’s criminal first agenda is so wrong for NY.”

NORML gave Zeldin a C- grade in its “Smoke The Vote” guide.

Zeldin does not appear to have publicly weighed in on the idea of rescheduling marijuana, and his mixed record on legislation related to medical cannabis, easing the process of research on controlled substances and broader marijuana reform raises questions about where he personally stands on the issue.

In any case, the president has made clear that he wants cannabis to be moved to Schedule III, regardless of who is leading DOJ. It remains to be seen just how quickly that could happen under a new attorney general.

Trump said on Thursday that Deputy Attorney General Todd Blanche will serve as acting attorney general until Bondi’s replacement is confirmed for the position.

During his Senate Judiciary Committee confirmation process, Blanche said in response to a written question about marijuana rescheduling from Sen. Peter Welch (D-VT) that he would “give the matter careful consideration after conferring with all relevant stakeholders, including [Drug Enforcement Administration personnel.”

When asked about aligning federal and state marijuana laws, he said that “coordination between federal and state authorities is critically important” but that he had “not had the opportunity to study this particular issue.”

“If confirmed, I will consult with the necessary stakeholders and give this matter careful consideration,” he said.

Welch also asked about Obama-era enforcement guidance that directed prosecutors to generally not interfere with state cannabis laws, which was rescinded during the first Trump administration.

“I have not had occasion to study this particular issue,” Blanche replied. “If confirmed…I think it is important to empower our U.S. Attorneys, who we trust to follow the law and to follow Department rules.”

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