Marijuana Moment: Trump AG Dodges Question About Further Rescheduling Of Marijuana Beyond Medical Use

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The acting head of the Department of Justice is refusing to commit to more broadly rescheduling marijuana beyond medical use as he seeks to be confirmed as attorney general—and he indicated he has no problem federally prosecuting people for simple cannabis possession in national parks.

Acting Attorney General Todd Blanche, who was nominated by President Donald Trump to serve in the role on a permanent basis, answered senators’ written questions as part of the confirmation process—including queries about cannabis.

Blanche in April issued an order that immediately reclassified state-licensed medical cannabis, as well as marijuana products approved by the Food and Drug Administration (FDA) from Schedule I of the Controlled Substances Act (CSA) to Schedule III. Broader rescheduling of cannabis, including for recreational use, is being considered through a Drug Enforcement Administration (DEA) hearing that wrapped up testimony last week.

Sen. Alex Padilla (D-CA) asked why the department has “forgone the traditional notice-and-comment period and an administrative hearing required by the CSA for rescheduling” before adopting the partial rescheduling of marijuana for medical use.

“The Department of Justice delivered on President Trump’s promise to expand Americans’ access to medical treatment options,” Blanche wrote. “This rescheduling action allows for research on the safety and efficacy of this substance, ultimately providing patients with better care and doctors with more reliable information.”

When pressed about whether he supports further rescheduling of cannabis for adult use or reducing current penalties for possession and sales, Blanche dodged the question, saying he “will give the matter careful consideration after conferring with all relevant stakeholders, including DEA personnel” if confirmed as attorney general.

Padilla also pressed the acting attorney general on whether he supports a Trump DOJ move to directing federal prosecutors to begin enforcing laws against simple cannabis possession in places like national parks.

“As a general matter, I think it is important to empower our U.S. Attorneys to enforce all laws as appropriate and in accordance with relevant facts and law to keep the American public safe,” Blanche replied, indicating he does not oppose prosecuting people in federal court for possessing marijuana in national parks as the senator asked about.

Blanche was also asked about whether relief from the 280E tax penalty under rescheduling applies to businesses that hold licenses for both medical and adult-use cannabis.

“Section 280e of the Internal Revenue Code applies to businesses engaged in trafficking in controlled substances in schedule I or II,” he said, without directly answering Padilla’s question about how relief would apply to dual-licensed businesses if recreational marijuana remains in Schedule I following the ongoing administrative hearing process.

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Blanche’s refusal to commit to broader rescheduling comes as the latest Marijuana Moment/NuggMD quarterly tracking poll shows cannabis consumers’ support for the Trump administration’s actions on the issue has declined in the months since DOJ first announced it was moving forward with rescheduling—as most don’t believe it will be completed this year.

Blanche was also pressed about cannabis issues last year during his confirmation process to become deputy attorney general. He 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.”

Meanwhile, DEA, which has been charged with defending the rescheduling proposal during the administrative hearing, has focused testimony on the medical benefits of cannabis and its relative safety compared to alcohol and other substances—despite excluding reform supporters from participating in the proceedings.

The cannabis rescheduling move is also being challenged in court through a number of lawsuits from the drug testing industry, a pharmaceutical corporation, legalization opponents and others.

In May, the House Appropriations Committee voted to block federal officials from taking further steps to carry out cannabis rescheduling. Bipartisan lawmakers told Marijuana Moment, however, that they don’t expect the legislative effort to block rescheduling to succeed.

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