Acting Attorney General Todd Blanche, nominated by President Donald Trump to hold the post permanently, would not commit to broader marijuana rescheduling beyond medical use in written Senate questioning, and signaled he has no problem with federal prosecutions for simple cannabis possession in national parks.
Blanche in April ordered the immediate reclassification of state-licensed medical marijuana and FDA-approved cannabis products from Schedule I to Schedule III of the Controlled Substances Act (CSA). Broader, recreational-use rescheduling is being weighed through a DEA hearing that wrapped up testimony last week.
Sen. Alex Padilla (D-CA) asked why the department skipped the CSA-required notice-and-comment period and administrative hearing before the medical-use reclassification. Blanche wrote: "The Department of Justice delivered on President Trump's promise to expand Americans' access to medical treatment options. 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."
Asked whether he supports rescheduling for adult use or lowering penalties for possession and sales, Blanche said only he would "give the matter careful consideration after conferring with all relevant stakeholders, including DEA personnel," if confirmed.
Padilla also asked about a DOJ directive telling federal prosecutors to pursue simple possession cases in places like national parks. Blanche replied: "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" — not ruling out such prosecutions.
On whether 280E tax relief would extend to businesses licensed for both medical and adult-use sales, Blanche said, "Section 280e of the Internal Revenue Code applies to businesses engaged in trafficking in controlled substances in schedule I or II," without clarifying how dual-licensed operators would be treated if recreational marijuana remains Schedule I.
A quarterly NuggMD tracking poll shows consumer approval of the administration's cannabis actions has declined since DOJ announced rescheduling, with most respondents doubting completion this year.
During last year's confirmation for deputy attorney general, Blanche told Sen. Peter Welch (D-VT) he'd give rescheduling the same "careful consideration" if confirmed, called federal-state coordination "critically important" without having studied the issue, and, on Obama-era guidance discouraging interference with state cannabis laws that Trump's first administration rescinded, said he hadn't examined it but valued empowering U.S. Attorneys "who we trust to follow the law."
DEA, defending the rescheduling proposal at its hearing, emphasized marijuana's medical benefits and relative safety versus alcohol and opioids while excluding reform advocates from participating. The rescheduling effort also faces lawsuits from the drug testing industry, a pharmaceutical company, and legalization opponents. In May, the House Appropriations Committee voted to block further rescheduling steps, though bipartisan lawmakers said in interviews they don't expect that push to succeed.
