Former President Joe Biden’s drug czar says the process to reschedule marijuana as initiated under the last administration may have been compromised by officials with the Drug Enforcement Administration (DEA), which was supposed to be defending the proposed policy change.

At the same time, a pro-legalization former  OP congressman allied with President Donald Trump is raising questions about the sincerity of the current president’s endorsement of rescheduling on the campaign trail.

About four months into Trump’s second term, there has still been no movement on the pending plan to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA), leaving advocates and stakeholders frustrated both by the current inaction but also the Biden administration’s failure to get the job done before the transition.

According to former White House Office of National Drug Control Policy (ONDCP) Director Rahul Gupta, that may have been due to deliberate resistance from within DEA—a suspicion shared widely among supporters of the reform, including those involved in an administrative hearing that’s been stalled for months, with no clear indication it will proceed any time soon.

“We got stuck moving at the slow speed of government, which was also marred, potentially, by some opposing it from within,” Gupta told The New York Times as part of a broader story examining the rescheduling effort.

The article also features interviews with a former senior DEA agent and former Rep. Matt Gaetz (R-FL), who notably suggested that Trump’s endorsement of a Schedule III reclassification on the campaign trail was essentially an attempt to shore up support among young voters rather than a sincere reflection of his personal views about cannabis.

As far as speculation about DEA’s role in the protracted process goes, there are several factors that have led many to conclude the agency’s leadership internally opposed the proposal, including the fact that there was a break in precedent when then-Attorney General Merrick Garland signed off on it after the U.S. Department of Health and Human Services (HHS) made the recommendation. Historically, the DEA administrator approves drug scheduling proposals.

DEA had also previously raised a series of questions about the scientific review that served as the basis of its recommendation that some interpreted to mean it disagreed about the assessments about marijuana’s medical value and relatively low abuse potential, even though the agency technically serves as the “proponent” of the rule in since-stalled administrative hearings. Others have alleged DEA had improper communication with prohibitionist witnesses in the lead-up to the proceedings.

What happens next in the process is uncertain, especially ahead of the potential Senate confirmation of Trump’s pick to lead DEA, Terrance Cole, who has declined to say whether he supports the proposal but has previously voiced concerns about the dangers of marijuana and linked its use to higher suicide risk among youth.

Trump, for his part, has not publicly weighed in on cannabis reform since taking office, and the White House did not include rescheduling in a recently released list of drug policy priorities for the administration.

Anthony Coulson, who retired from DEA in 2010 but remains close with former colleagues, told The Times he ultimately doesn’t see the proposal moving ahead under the Trump administration. And he also suggested DEA deliberately delayed the administrative process in an attempt to quash it.

“Cannabis reform appears to be all but dead in this administration,” Coulson said. “To use a Trump term, it was rigged not to succeed.”

Other former DEA and HHS officials have separately expressed their sense that, if rescheduling is going to happen, the president will need to proactively demand its completion.

Meanwhile, Gaetz—a pro-legalization former GOP congressman who Trump first tapped for attorney general but withdrew from consideration—made somewhat surprising comments about the president’s position on rescheduling, suggesting that his endorsement of the reform while campaigning last year may have been a politically motivated move to try and win over more young voters but that he personally has “a deep personal aversion to anything that dulls the senses.”

While Trump’s position on the issue has evolved over the years, including several past comments supportive of medical cannabis, Gaetz said the president is still “totally intolerant” to any reform that “he believes will increase drug use.”

That represents a significant shift in rhetoric Gaetz used in an op-ed in March, when he predicted that “meaningful” marijuana reform is “on the horizon” under the Trump administration and praised the president’s “leadership” in supporting rescheduling.

“By backing this move, [Trump] stands up for patients, small businesses and especially our veterans. It is crucial that our federal agencies follow through on this effort and finally align federal cannabis policy with the will of the American people,” he said at the time.

Nonetheless, the fate of rescheduling remains murky under the Trump administration, and a Senate panel is positioned to advance the nomination of the president’s DEA pick as early as Thursday, which would add to the uncertainty. That said, Cole did tell the Senate Judiciary Committee last month that examining the rescheduling proposal will be “one of my first priorities” if he gets the role, saying it’s “time to move forward” on the stalled process—but without clarifying what end result he would like to see.

DEA recently notified an agency judge that the proceedings are still on hold—with no future actions currently scheduled as the matter sits before the acting administrator.

Separately, last month, an activist who received a pardon for a marijuana-related conviction during Trump’s first term paid a visit to the White House, discussing future clemency options with the recently appointed “pardon czar.”

A marijuana industry-backed political action committee (PAC) has also released a series of ads over recent weeks that have attacked Biden’s cannabis policy record as well as the nation of Canada, promoting sometimes misleading claims about the last administration while making the case that Trump can deliver on reform.

Its latest ad accused former President Joe Biden and his DEA of waging a “deep state war” against medical cannabis patients—but without mentioning that the former president himself initiated the rescheduling process that marijuana companies want to see completed under Trump.

DEA Approves Church’s Petition To Use Psychedelics In Religious Ceremonies Without The Need For A Lawsuit

The office of California Gov. Gavin Newsom (D) announced that the state’s Unified Cannabis Enforcement Task Force — dedicated to stopping illicit cannabis operators — seized 105,700 plants and 22,057 pounds of illicit cannabis products during an enforcement action earlier this month. Officials said it was the task force’s largest cannabis seizure yet, with an estimated $123.5 million in total value.

“Let this be a reminder to all who grow cannabis illegally: we won’t tolerate the undermining of our legal industry and impacts to our environment. I appreciate the multi-agency, cross-county efforts to take on the illicit market.” — Gov. Newsom, in a press release

Co-lead by the California Department of Fish and Wildlife and the Department of Cannabis Control, the operation included 71 search warrants issued by officers from 15 state, local, and federal law enforcement agencies throughout Kern, Kings, and Tulare counties. More than 200 sworn officers and staff were involved, the state said.

“The scale of this enforcement effort reflects the strength of our partnerships and our shared commitment to holding illicit operators accountable while protecting communities and ecosystems across the state,” said Nicole Elliott, director of the Department of Cannabis Control.

Since its creation in 2022, the Unified Cannabis Enforcement Task Force has seized and destroyed over $650 million in illicit cannabis, including over 800,00 plants and 220 tons of cannabis products. Agencies involved in the task force have also seized 190 firearms and more than $1 million in cash — and made over 50 arrests — during joint enforcement actions.

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A leading anti-marijuana group is sounding the alarm about a possible attempt to put cannabis banking reform in a cryptocurrency bill that’s advancing on the Senate floor this week, asking for “help” from their supporters to encourage members to oppose a potential amendment that could be offered up.

In an email blast on Wednesday, Smart Approaches to Marijuana (SAM) Action said “the pot industry and its lobbyists are always working to attach pro-marijuana bills to any piece of legislation that advances through Congress,” and it’s concerned they’ll try to insert cannabis banking language into the largely unrelated Guiding and Establishing National Innovation for U.S. Stablecoins (GENIUS) Act.

“The Senate will soon take up the GENIUS Act, a cryptocurrency bill, and the industry is working hard to include SAFE Banking language,” SAM said, referring to bipartisan legislation that would prevent financial regulators from penalizing banks simply for working with state-legal marijuana businesses.

“This bill will keep marijuana federally illegal while encouraging banks to accept federally illegal proceeds,” it said. “This would mean exponential growth for the marijuana industry, making it harder to defeat.”

“There are number of risks involved with giving banking access to businesses involved in the trade of a federally illegal substance including giving money laundering access to international drug cartels who are already using the cover of legalization, radically increasing Wall Street investment for the marijuana industry, and providing a precedent for giving banking access to other criminal activity.”

Despite SAM’s apparent concerns, an industry lobbyist told Marijuana Moment on Wednesday that they were unaware of any plan to use the GENIUS Act as a vehicle for SAFE Banking. At the time of publication, no amendment related to SAFE have been formally filed for Senate consideration.

But in any case, SAM is urging its supporters to contact their representatives and tell them to “oppose SAFE Banking being added to the GENIUS Act.”

Here’s the pre-written letter that the anti-cannabis group drafted for people to submit to their senators:

“I am writing you today to inform you that an amendment could be offered in the Senate to the GENIUS Act that would allow the marijuana industry access to the United States financial system.

This amendment, a version of the SAFE Banking Act (H.R. 2891 & S. 1323 in the 118th Congress) would keep marijuana federally illegal while encouraging banks to accept federally illegal proceeds.

There are myriad of risks involved with giving banking access to businesses involved in the trade of a federally illegal substance such as:

-Giving money laundering access to international drug cartels who are already using the cover of legalization;   – Radically increasing Wall Street investment for the marijuana industry, accelerating its transformation into the next Big Tobacco; and

-Providing a precedent for giving banking access to other criminal activity.

Public health and public opinion data strongly indicates that we should be pumping the brakes on more marijuana: we have seen increased incidents of serious mental illness, increased drugged-driving fatalities, increased emergency room visits and poison control calls, and increased worker accidents and absenteeism. Granting access to banking would put the pedal to the metal on the creation of industry dedicated to denying the science of marijuana and promoting heavy use of its products.

I urge you to oppose this amendment and take all possible actions to remove it from any final passage of the GENIUS Act.”

During the last Congress, lawmakers did talk about potentially merging cannabis banking and cryptocurrency legislation, but that did not materialize. The standalone Secure and Fair Enforcement Regulation (SAFER) Banking Act did clear one Senate committee with the chamber under Democratic control, but it was never brought up for a floor vote—much to the disappointment of advocates and stakeholders.

Now with Republicans in control of both chambers and key leadership positions filled by opponents of marijuana legalization, it’s been an open question about whether any cannabis reform legislation stands a chance of passage in the short-term. That’s despite the fact that President Donald Trump endorsed marijuana industry banking access, federal rescheduling and a Florida legalization initiative on the campaign trail. However, he’s been silent on the issue since taking office.

The White House said last month that it has “no action” planned on marijuana reform proposals that Trump backed while campaigning. But several sources told CNN the president did attempt to get cannabis banking legislation included in a government funding bill late last year before he took office.

On the House side, a Republican lawmaker said in March he’s hopeful that Congress will be able to get a marijuana banking bill across “the finish line” this session, arguing that the current barriers to financial services for the industry represent a “second tier” of prohibition.

Cannabis industry banking challenges came up in several congressional hearings in March, including a Senate Banking Committee meeting on debanking where senators on both sides of the aisle addressed the lack of financial services access for marijuana businesses.

Meanwhile, in January congressional researchers released a report detailing the subject of debanking—while making a point to address how the marijuana industry’s financial services access problem “sits at the nexus” of a state-federal policy conflict that complicates the debate.

Separately, the Government Accountability Office (GAO) announced in December that it’s convening focus groups comprised of marijuana businesses to better understand their experiences with access to banking services under federal prohibition.

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The industry remains frustrated with the lack of progress on the cannabis banking issue under the last administration.

A Senate source told Marijuana Moment in December that Republican House and Senate leadership “openly and solely blocked” then-Senate Majority Leader Chuck Schumer’s (D-NY) attempt to include the bill in a government funding bill as the session came to a close.

Sens. Elizabeth Warren (D-MA) and Tommy Tuberville (R-AL) had challenged the idea that there was enough GOP support for the SAFER Banking Act to pass on the Senate floor during the lame duck session.

Warren accused certain Republican members of overstating support for the legislation within their caucus, while also taking a hit at Trump for doing “nothing” on cannabis reform during his time in office as he makes a policy pivot ahead of the election by coming out in support of the marijuana banking bill and federal rescheduling.

Sen. John Hickenlooper (D-CO) also recently argued in an interview with Marijuana Moment that the main barrier to getting the marijuana banking bill across the finish line is a lack of sufficient Republican support in the chamber. And he said if Trump is serious about seeing the reform he recently endorsed enacted, he needs to “bring us some Republican senators.”

Prior to becoming House speaker, Rep. Mike Johnson (R-LA) consistently opposed cannabis reform, including on incremental issues like cannabis banking and making it easier to conduct scientific research on the plant.

Meanwhile, on the one-year anniversary of a Senate committee’s passage of the SAFER Banking Act in September, the Congressional Budget Office (CBO) released an analysis on the economic impact of the reform, including the likely increase in federally insured deposits from cannabis businesses by billions of dollars once banks receive protections for servicing the industry.

Separately, the CEO of the financial giant JPMorgan Chase said recently that the company “probably would” start providing banking services to marijuana businesses if federal law changed to permit it.

Marijuana Rescheduling Blocked By Opposition ‘From Within’ DEA, Biden’s Drug Czar Says