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