Key Takeaways
- • Congressman Steve Cohen (D-TN) pressed Attorney General Pam Bondi and DEA Administrator Terrance Cole on March 27, 2026, for a status update on marijuana rescheduling from Schedule I to Schedule III, 99 days after President Trump's December 18, 2025 executive order directing expedited action.
- • The DEA lacks an administrative law judge to oversee the required public hearing process (Docket No. 24-44) after Judge John J. Mulrooney II retired in August 2025, creating a procedural bottleneck that has stalled the rescheduling process since January 2025.
- • Cohen cited the 54-year-old Shafer Commission report (completed March 1972) recommending marijuana be removed from Schedule I, arguing that decades of delay have resulted in harsh, disproportionate prison sentences particularly affecting communities of color and substantially hampered research.
- • The letter requests explicit timeline clarification from DOJ and DEA on completing the rulemaking process and filling the vacant ALJ position required by law to conduct the hearing.
Summary
Congressman Steve Cohen, a Democratic representative from Tennessee's 9th district and Co-Chairman of the Congressional Biomedical Research Caucus, escalated pressure on the Trump administration's cannabis rescheduling effort by writing to Attorney General Pam Bondi and DEA Administrator Terrance Cole on March 27, 2026. The letter, sent 99 days after President Trump's December 18, 2025 executive order directing expedited rescheduling of marijuana from Schedule I to Schedule III under the Controlled Substances Act, sought clarity on implementation timelines and procedural compliance.
Cohen identified a critical administrative obstacle: the DEA's required administrative law judge position remained vacant following Judge John J. Mulrooney II's retirement in August 2025. The vacancy directly blocks the mandatory public hearing process mandated by law (Docket No. 24-44) where parties advocating for and against rescheduling present arguments for the record. The cannabis rescheduling process, initiated under the Biden administration, has been suspended since January 2025 awaiting this hearing. Cohen specifically questioned in his letter: "Therefore, how does the Drug Enforcement Agency plan to reschedule without an ALJ to oversee the Hearing (Docket No. 24-44)?" and requested clarity on the expected timeline for completing rulemaking.
The Congressman's letter emphasized the historical context of delay. He referenced the 1972 Shafer Commission report, completed in March 1972 and presented to Congress that month, which recommended removing marijuana from Schedule I. Over 54 years later, the recommendation remains unimplemented. Cohen argued that Schedule I classification was unjustified and has perpetuated "harsh and disproportionate prison sentences, particularly for communities of color, and has substantially hampered research." The letter highlighted the fundamental tension between Trump's directive for expeditious action and the absence of the legal infrastructure required to execute it, signaling that procedural compliance—not just political will—remains essential to completing the rescheduling process.
Cohen identified a critical administrative obstacle: the DEA's required administrative law judge position remained vacant following Judge John J. Mulrooney II's retirement in August 2025. The vacancy directly blocks the mandatory public hearing process mandated by law (Docket No. 24-44) where parties advocating for and against rescheduling present arguments for the record. The cannabis rescheduling process, initiated under the Biden administration, has been suspended since January 2025 awaiting this hearing. Cohen specifically questioned in his letter: "Therefore, how does the Drug Enforcement Agency plan to reschedule without an ALJ to oversee the Hearing (Docket No. 24-44)?" and requested clarity on the expected timeline for completing rulemaking.
The Congressman's letter emphasized the historical context of delay. He referenced the 1972 Shafer Commission report, completed in March 1972 and presented to Congress that month, which recommended removing marijuana from Schedule I. Over 54 years later, the recommendation remains unimplemented. Cohen argued that Schedule I classification was unjustified and has perpetuated "harsh and disproportionate prison sentences, particularly for communities of color, and has substantially hampered research." The letter highlighted the fundamental tension between Trump's directive for expeditious action and the absence of the legal infrastructure required to execute it, signaling that procedural compliance—not just political will—remains essential to completing the rescheduling process.
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