Senate Republicans indicated Thursday they plan to move forward with the nomination of Terrance Cole, President Donald Trump’s choice to lead the U.S. Drug Enforcement Administration.
At the top of Cole’s to-do list for operators in the legal cannabis industry is deciding the fate of the marijuana rescheduling process, which has been on indefinite hiatus since January.
In a post on X on Thursday evening, the Senate Republican Cloakroom said it would call a vote to “invoke cloture,” or end debate and trigger an up-down vote on Cole’s nomination, at 5:30 p.m. Monday.
Reclassifying cannabis as a Schedule 3 drug, down from its current Schedule 1 status, would at last unlock profound tax relief for legal cannabis companies.
Downgrading marijuana under federal law is also expected to open opportunities for research and further reforms, such as banking reform.
Marijuana rescheduling decision up to Trump DEA pick
Launched by former President Joe Biden in October 2022, marijuana rescheduling has been on pause since January, when pro-cannabis advocates claimed the DEA was attempting to “rig” the process against them.
Hearings before a DEA administrative law judge can be resumed at any time.
But that, and whether to accept the Schedule 3 recommendation, will soon be all up to Cole.
And while he declined to answer direct questions from Democratic senators on the subject during nomination hearings this spring, his record suggests skepticism at best.
Trump DEA pick’s marijuana record
A longtime DEA official, Cole served in Virginia Gov. Glenn Youngkin’s administration as homeland security chief.
In 2024, when Cole was still in the position, Youngkin vetoed popular legislation that would have legalized adult-use marijuana sales in Virginia.
“The proposed legalization of retail marijuana in the Commonwealth endangers Virginians’ health and safety,” Youngkin said at the time, adding that other states with legal marijuana sales are following a “failed path.”
Cole appeared before the Senate Judiciary Committee on April 30 and later responded to senators’ written questions.
Cole was evasive when New Jersey Democratic Sen. Cory Booker and California Democratic Sen. Alex Padilla pressed him on the marijuana rescheduling question.
The senators asked Cole whether the DEA is bound by law to follow a finding by the Department of Health and Human Services (HHS) that cannabis has a medical use in the United States.
“If confirmed, will you follow the HHS recommendation to reschedule cannabis from Schedule I to Schedule III?” Booker asked.
Cole responded: “If confirmed, I will 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.”
In response to a follow-up question: “As in all matters, if confirmed, I would look at the individualized facts and circumstances and follow the law and any policies of the department.”
Most observers agree that Cole will follow direction from the White House on marijuana rescheduling.
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