Key Takeaways
- • Congressman Steve Cohen (D-TN) has escalated pressure on Attorney General Pam Bondi and DEA Administrator Terrance C. Cole over stalled marijuana rescheduling procedures, citing an expired administrative timeline and a vacant Administrative Law Judge position required by law to hear the matter.
- • President Trump directed the DOJ to complete marijuana rescheduling from Schedule I to Schedule III "in the most expeditious manner" on December 18, 2025, but implementation has stalled due to staffing gaps and procedural delays.
- • Cohen highlighted that a 1972 report commissioned during the Nixon Administration recommended removing marijuana from Schedule I over 54 years ago, yet the findings were never adopted, establishing a half-century of regulatory inaction despite scientific consensus.
- • The letter also seeks clarity on implementation of the Halt All Lethal Trafficking (HALT) in Fentanyl Act's scientific research provisions, signaling dual regulatory gaps in federal drug policy enforcement.
- • Cohen, Co-Chairman of the Congressional Biomedical Research Caucus, frames rescheduling as a criminal justice and research access issue, noting that Schedule I classification has resulted in disproportionate prison sentences and substantially hampered scientific inquiry.
Summary
Congressman Steve Cohen of Tennessee has formally requested clarification from the Trump Administration's Department of Justice and Drug Enforcement Administration on two critical drug policy implementation issues: the stalled rescheduling of marijuana from Schedule I to Schedule III under the Controlled Substances Act, and the execution of scientific research provisions within the Halt All Lethal Trafficking (HALT) in Fentanyl Act.
In correspondence dated March 27, 2026, Cohen identified structural barriers to the rescheduling process initiated by President Trump's December 18, 2025 directive to complete the administrative rulemaking process "in the most expeditious manner." The congressman noted that the position of Administrative Law Judge—a statutory requirement to conduct the formal hearing on rescheduling—remains vacant, creating a procedural impasse that prevents the DEA from advancing the matter. This vacancy represents a concrete implementation obstacle to an executive order that carries significant implications for pharmaceutical research access, criminal justice sentencing, and federal regulatory alignment with state-level legalization.
Cohen's letter emphasizes the historical context of marijuana's Schedule I classification, citing a 1972 report commissioned by the Nixon Administration that recommended removal from Schedule I. That report, presented to Congress on March 22, 1972, remains unimplemented after more than five decades. The congressman articulated concerns that Schedule I classification has produced "harsh and disproportionate prison sentences, particularly for communities of color," and has "substantially hampered research." This framing ties rescheduling to broader criminal justice reform and scientific access initiatives, positioning the issue as both a regulatory modernization and equity matter.
The letter also signals administrative attention to the HALT Fentanyl Act's scientific research implementation, though the primary source provides limited detail on specific gaps in that provision. Cohen's dual focus on marijuana rescheduling and fentanyl research governance underscores ongoing congressional pressure on DOJ to clarify its timeline and procedural roadmap for executing drug policy directives that appear to lack sufficient staffing or administrative infrastructure for timely completion.
In correspondence dated March 27, 2026, Cohen identified structural barriers to the rescheduling process initiated by President Trump's December 18, 2025 directive to complete the administrative rulemaking process "in the most expeditious manner." The congressman noted that the position of Administrative Law Judge—a statutory requirement to conduct the formal hearing on rescheduling—remains vacant, creating a procedural impasse that prevents the DEA from advancing the matter. This vacancy represents a concrete implementation obstacle to an executive order that carries significant implications for pharmaceutical research access, criminal justice sentencing, and federal regulatory alignment with state-level legalization.
Cohen's letter emphasizes the historical context of marijuana's Schedule I classification, citing a 1972 report commissioned by the Nixon Administration that recommended removal from Schedule I. That report, presented to Congress on March 22, 1972, remains unimplemented after more than five decades. The congressman articulated concerns that Schedule I classification has produced "harsh and disproportionate prison sentences, particularly for communities of color," and has "substantially hampered research." This framing ties rescheduling to broader criminal justice reform and scientific access initiatives, positioning the issue as both a regulatory modernization and equity matter.
The letter also signals administrative attention to the HALT Fentanyl Act's scientific research implementation, though the primary source provides limited detail on specific gaps in that provision. Cohen's dual focus on marijuana rescheduling and fentanyl research governance underscores ongoing congressional pressure on DOJ to clarify its timeline and procedural roadmap for executing drug policy directives that appear to lack sufficient staffing or administrative infrastructure for timely completion.
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