Terrance Cole Signals Intent to Review the Marijuana Reclassification Process if Confirmed as DEA Head

WASHINGTON, D.C. – May 1, 2025 – Terrance Cole, President Donald Trump’s second nominee to head the U.S. Drug Enforcement Administration (DEA), testified before the U.S. Senate Committee on the Judiciary on Wednesday, indicating that the agency’s marijuana rescheduling review will be one of his first priorities if confirmed. However, Cole stopped short of expressing clear support for the proposed shift to reclassify cannabis from a Schedule 1 to a Schedule 3 substance under the Controlled Substances Act (CSA).

Nominee Acknowledges Delays in Cannabis Review But Does Not Commit to Current Rescheduling Path

When asked directly by Sen. Alex Padilla of California about his stance on the rescheduling process, Cole acknowledged that the review has been delayed multiple times and that action is needed. Still, he refrained from confirming whether he would carry out the proposed reclassification. Instead, Cole stated that he needs to evaluate the process and current findings before making any determination.

Sen. Padilla reminded the nominee that the DEA has already been instructed to reclassify marijuana, and pressed him on whether he would commit to following through. Cole reiterated that he would need to fully study the issue, leaving the door open to possible changes in direction.

Rescheduling Timeline Stalled Since January Despite Biden’s 2022 Directive to Launch the Review

The marijuana rescheduling process began in October 2022 when President Joe Biden directed the attorney general and the Department of Health and Human Services (HHS) to initiate a formal review of cannabis’ federal classification. While early progress was made, the process stalled earlier this year when a DEA administrative law judge paused the proceedings due to an interlocutory appeal.

A new filing last month confirmed that the status of marijuana rescheduling remains pending, adding further uncertainty to the future of federal cannabis reform.

Senators Raise Concerns About Unregulated Tribal and State-Level Marijuana Markets

During the same hearing, Sen. Thom Tillis of North Carolina raised broader concerns about the patchwork of marijuana laws across states and tribal lands. He pointed to the example of the Eastern Band of Cherokee Indians, which began adult-use cannabis sales in 2024 on tribal territory, despite statewide prohibition in North Carolina.

Tillis argued that inconsistent policies are creating confusion for both consumers and law enforcement, and suggested that federal agencies like the DEA must step in to establish clear national boundaries for marijuana regulation.

Cole Becomes Trump’s Second DEA Pick After First Nominee Withdrew Days After Selection

President Trump’s original nominee for the DEA, Florida Sheriff Chad Chronister, withdrew from consideration shortly after his nomination, prompting the administration to pivot to Cole. If confirmed, Cole would inherit responsibility for overseeing a pivotal moment in federal drug policy as stakeholders await clarity on the fate of marijuana’s legal status.

What Happens Next as Senate Weighs the Future of Cannabis Rescheduling and DEA Leadership

The Senate Judiciary Committee is expected to continue its vetting process in the coming weeks before voting on Cole’s nomination. In the meantime, the cannabis industry, public health advocates, and lawmakers from both parties are watching closely to see whether the DEA will move forward with reclassification, or if the incoming administrator could shift the agency’s course once again.