Terrence Cole, who was sworn in last week as the new administrator of the Drug Enforcement Administration (DEA), said during a confirmation hearing in April that examining the government’s pending marijuana rescheduling proposal would be “one of my first priorities” after taking office.

But marijuana didn’t appear on a list of Cole’s “strategic priorities” in a Friday announcement from DEA that instead focused on anti-trafficking enforcement, Mexican cartels, the fentanyl supply chain, drug-fueled violence, cryptocurrency, the dark web and a host of other matters.

“Administrator Cole’s top priority,” the agency said in a news release, “is to increase the pressure on the drug cartels and combat the deadly drug crisis with urgency and resolve.”

Cole—who has previously voiced concerns about the dangers of marijuana and linked its use to higher suicide risk among youth—emphasized his past work for DEA in a statement.

“As I once again walk through the doors of DEA, I am reminded of the passion and commitment I carried as a Special Agent,” the new DEA administrator said. “The gravity of DEA’s mission was clear as I stood witness to President Donald Trump signing the Halt Fentanyl Act surrounded by Angel Families holding onto the memories of those they lost. They are the reason we remain focused, determined, and unwavering.”

Cole also issued a warning to drug trafficking organizations, which he said contribute to overdose deaths and poisonings that are the leading cause of deaths for Americans aged 18 to 45.

“The cartels and Foreign Terrorist Organizations fueling this crisis are global in reach – and so is the DEA,” he said in the release. “With the support of the Trump Administration, the Department of Justice, and our international, federal, state, local, and tribal partners, we will dismantle these violent cartels and make America Safe Again.”

The full bullet-point list of Cole’s priorities as it appears in the DEA release is as follows:

• • Affirming DEA’s Commitment to Enforcement – targeting traffickers, removing poison from the streets of this country, and protecting the vulnerable.
  • Dismantling the Mexican Cartels, which operate as terrorist organizations, by targeting and breaking their command, control, and distribution networks that drive the fentanyl crisis.
  • Disrupting the Criminal Chemical Supply Chain that supply the chemical ingredients used in the manufacture of fentanyl.
  • Reducing Drug-Fueled Violence in America’s most affected cities through expanded partnerships with state and local law enforcement.
  • Following the Money – targeting illicit finance and the growing use of cryptocurrency.
  • Leading the Fight on the Cyber and Dark Web Frontlines by targeting the digital pipelines that fuel drug trafficking.
  • Strengthening Partnerships Across the Country and with Foreign Counterparts to drive coordinated enforcement efforts against transnational criminal organizations.
  • Prioritizing the Wellness of DEA’s Workforce, recognizing that the agency’s greatest strength is its people.

The words “marijuana” or “cannabis” do not appear anywhere in the agency announcement, despite Cole’s pledge to lawmakers that rescheduling would be one of his initial priorities in the job.

Ahead of Cole’s swearing-in on Wednesday, the Senate a day earlier gave final approval to the Trump nominee. Almost immediately afterward, a major marijuana industry association renewed the push to make progress on the long-stalled federal cannabis rescheduling process.

“The rescheduling process under the previous administration was unnecessarily protracted and fraught by allegations of malfeasance within DEA,” Aaron Smith of the National Cannabis Industry Association (NCIA) said in a letter to Cole after his Senate confirmation vote, “and we look forward to your renewed leadership to expedite this process and fulfill President Trump’s campaign promise to ‘unlock the medical uses of marijuana to a Schedule III drug’ and ultimately ‘implement smart regulations, while providing access for adults, to safe, tested product.’”

Notably, however, while Cole has said that examining the rescheduling proposal would be “one of my first priorities” if he was confirmed, he has so far refused to say what he wants the result to be—and has made past comments expressing concerns about the health effects of cannabis.

In May, a Senate committee advanced the nomination of Cole to become DEA administrator amid the ongoing review of the marijuana rescheduling proposal that he has so far refused to commit to enacting.

Cole—who has previously voiced concerns about the dangers of marijuana and linked its use to higher suicide risk among youth—said in response to senators’ written questions at the time that he would “give the matter careful consideration after consulting with appropriate personnel within the Drug Enforcement Administration, familiarizing myself with the current status of the regulatory process, and reviewing all relevant information.”

Earlier this month, meanwhile, DEA again notified an agency judge that the marijuana rescheduling process remains stalled under the Trump administration.

It’s been six months since DEA Administrative Law Judge (ALJ) John Mulrooney temporarily paused hearings on a proposal to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA) that was initiated under the Biden administration. And in a joint report to the judge submitted on Monday, DEA attorneys and rescheduling proponents said they’re still at an impasse.

For the time being, any action on the proposed rule to reschedule marijuana is evidently contingent on DEA Acting Administrator Robert Murphy. More likely, according to some, is that it will not move forward until a permanent DEA administration is confirmed.

Murphy’s appointment as acting administrator wasn’t widely publicized, but he’s replaced Derek Maltz—who subscribes to the “gateway drug” theory for marijuana—in the role.

DEA Administrative Law Judge (ALJ) John Mulrooney—who announced his retirement last week, leaving the rescheduling process entirely to Cole—initially agreed to delay the proceedings after several pro-reform parties requested a leave to file an interlocutory appeal amid allegations that certain DEA officials conspired with anti-rescheduling witnesses who were selected for the hearing.

Originally, hearings on the proposed rescheduling rule were set to commence on January 21, but those were cancelled when Mulrooney granted the appeal motion.

The appeal came after the judge denied a motion that sought DEA’s removal from the rescheduling proceedings altogether, arguing that it is 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.

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

Also in January, Mulrooney condemned DEA over its “unprecedented and astonishing” defiance of a key directive related to evidence it is seeking to use in the marijuana rescheduling proposal.

At issue was DEA’s insistence on digitally submitting tens of thousands of public comments it received in response to the proposed rule to move cannabis to Schedule III.

Mulrooney hasn’t been shy about calling out DEA over various procedural missteps throughout this rescheduling process.

For example, in December he criticized the agency for making a critical “blunder” in its effort to issue subpoenas to force Food and Drug Administration (FDA) officials to testify in hearings—but he allowed the agency to fix the error and ultimately granted the request.

Relatedly, a federal judge also dismissed a lawsuit seeking to compel DEA to turn over its communications with the anti-cannabis organization.

Mulrooney had separately denied a cannabis research company’s request to allow it to add a young medical marijuana patient and advocate as a witness in the upcoming rescheduling hearing.

Also, one of the nation’s leading marijuana industry associations asked the judge to clarify whether it will be afforded the opportunity to cross-examine DEA during the upcoming hearings on the cannabis rescheduling proposal.

Further, a coalition of health professionals that advocates for cannabis reform recently asked that the DEA judge halt future marijuana rescheduling hearings until a federal court is able to address a series of allegations they’re raising about the agency’s witness selection process.

Separately, the House Appropriations Committee on Tuesday approved a spending bill that contains provisions to block the Justice Department from rescheduling marijuana.

The rescheduling proceedings have generated significant public interest. While moving marijuana to Schedule III wouldn’t federally legalize it, the reform would free up licensed cannabis businesses to take federal tax deductions and remove certain research barriers.

Meanwhile, two GOP senators introduced a bill in February that would continue to block marijuana businesses from taking federal tax deductions under Internal Revenue Service (IRS) code 280E—even if it’s ultimately rescheduled.

Beyond the hearing delays, another complicating factor is the change in leadership at DEA under the Trump administration.

U.S. Department of Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. was previously vocal about his support for legalizing cannabis, as well as psychedelics therapy. But during his Senate confirmation process in February, he said that he would defer to DEA on marijuana rescheduling in his new role.

Separately, former Rep. Matt Gaetz (R-FL) was reportedly photographed reviewing a document that appears to be a draft contract to provide services—including “administration-related guidance”—to a firm affiliated with the major marijuana company Trulieve. The visible portion of the document describes a lucrative bonus if a certain “matter resolves,” with an “additional ‘Super Success Fee’” for other “exclusive policy remedies.”

Last month, the former congressman reiterated his own support for rescheduling cannabis—suggesting in an interview with a Florida Republican lawmaker that the GOP could win more of the youth vote by embracing marijuana reform.

Gaetz also said in May that Trump’s endorsement of a Schedule III reclassification was essentially an attempt to shore up support among young voters rather than a sincere reflection of his personal views about cannabis.

A survey conducted by a GOP pollster affiliated with Trump that was released in April found that a majority of Republicans back a variety of cannabis reforms, including rescheduling. And, notably, they’re even more supportive of allowing states to legalize marijuana without federal interference compared to the average voter.

Trump picked former Florida Attorney General Pam Bondi (R) to run DOJ, and the Senate confirmed that choice. During her confirmation hearings, Bondi declined to say how she planned to navigate key marijuana policy issues. And as state attorney general, she opposed efforts to legalize medical cannabis.

Amid the stalled marijuana rescheduling process that’s carried over from the last presidential administration, congressional researchers recently reiterated that lawmakers could enact the reform themselves with “greater speed and flexibility” if they so choose, while potentially avoiding judicial challenges.

A newly formed coalition of professional athletes and entertainers, led by retired boxer Mike Tyson, also sent a letter to Trump earlier this month—thanking him for past clemency actions while emphasizing the opportunity he has to best former President Joe Biden by rescheduling marijuana, expanding pardons and freeing up banking services for licensed cannabis businesses.

Photo courtesy of Philip Steffan.