Politics
GOP Congressman Isn’t Sure Marijuana Rescheduling Is A DOJ ‘Priority,’ But Remains Optimistic About Progress Under Trump
A GOP congressional lawmaker says that while marijuana rescheduling might not be at the top of the agenda for the Justice Department or White House amid competing interests, he and bipartisan colleagues will be ready when “opportunity does present itself.”
Rep. Dave Joyce (R-OH), co-chair of the Congressional Cannabis Caucus, also told Marijuana Moment in an interview that he’s glad to see other members make inroads on psychedelics policy reform, especially if it means supporting military veterans and service members who stand to benefit from novel therapies.
Asked about the status of legislative work on cannabis, however, Joyce said it’s a “tougher issue” because it’s “like comedy—the timing has to be perfect.”
“I think it’s important to make sure when the opportunity does present itself, we’re ready to go,” the congressman said, adding that he encouraged that President Donald Trump has been “pretty forward on it,” which includes an executive order he signed in December directing Attorney General Pam Bondi to quickly finalize a pending proposal to move marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA).
“Given the opportunity and and the timing, I think we can do it,” he said.
While the bipartisan co-chairs of the Cannabis Caucus have yet to meet this Congress, Joyce said “we made a tremendous amount of progress” on the issue nonetheless. By contrast, the Psychedelic Assisted Therapy Caucus (PATH) Caucus is “still working on getting things done.”
“I applaud their efforts. And if it’s helping our soldiers and veterans, then god bless,” the congressman said, while caveating that he feels it’s important that marijuana-focused lawmakers “stay in our lane” to ensure success.
Joyce added that he and his colleagues “certainly provided the input that is important for their review” to the Justice Department and White House.
“But I don’t know if it’s a priority. They seem to have a lot on their plate,” he said, noting that it “seems like all-hands-on-deck for pushing out” files related to Jeffrey Epstein.
“There’s so many things in the fire,” he said. “Once we get through this spending bill, I think we’ll finally have a point where we’re worried about [other issues].”
Joyce separately told Marijuana Moment last month that he doesn’t think the attorney general would seek to undermine the president’s executive order to move marijuana to Schedule III despite any personal reservations she may have about the policy change.
Meanwhile, Bondi is scheduled to appear before a key House committee next week—and advocates are holding out hope that lawmakers will press her to provide an update on the Justice Department’s progress in fulfilling Trump’s order to complete the rescheduling process.
A DOJ spokesperson told Marijuana Moment last month that it had no “comment or updates” to share on the topic. However, an agency official more recently told Salon that “DOJ is working to identify the most expeditious means of executing the EO.”
That phrasing is notable, signaling that the department is uncertain about the administrative pathway to finalize rescheduling. The hope among advocates and industry stakeholders was that the process would be more simple, with a final signature on the existing reform proposal that was released following a scientific review initiated under the prior Biden administration.
DOJ has been notably silent on the issue in the weeks since Trump signed the order—even as the White House recently touted the president’s order as an example of a policy achievement during the first year of his second term.
Former Rep. Matt Gaetz (R-FL), Trump’s first pick for attorney general this term who ultimately withdrew his nomination, raised eyebrows last week after posting on X that he’s been told the Drug Enforcement Administration (DEA) is actively drafting a rescheduling rule and intended to issue it “ASAP.”
There’s some confusion around that point, however, as a rule is already pending before the Justice Department—and a new rule would presumably be subject to additional administrative review and public comment.
Last week, meanwhile, the White House declined to comment on the status of the rescheduling process, deferring Marijuana Moment to the Justice Department.
A Democratic senator told Marijuana Moment earlier this month that it’s “too early to tell” what the implications of Trump’s cannabis order would be—saying that while there are “things that look promising” about it, he is “very concerned about where the DOJ will land.”
“The ability of the Trump administration to speak out of both sides of their mouth is staggering,” Sen. Cory Booker (D-NJ) said. “So I’m just going to wait and see right now. Obviously, there’s things that look promising—to end generations of injustice. I really want to wait and see.”
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Also last month, two GOP senators filed an amendment to block the Trump administration from rescheduling cannabis, but it was not considered on the floor.
Meanwhile, last month, DEA said the cannabis rescheduling appeal process “remains pending” despite Trump’s executive order.
A recent Congressional Research Service (CRS) report discussed how DOJ could, in theory, reject the president’s directive or delay the process by restarting the scientific review into marijuana.
Bondi separately missed a congressionally mandated deadline last month to issue guidelines for easing barriers to research on Schedule I substances such as marijuana and psychedelics.
The LCB contributed reporting from Washington, D.C.
Photo courtesy of Brian Shamblen.
