Terrance Cole, President Trump’s nominee to lead the Drug Enforcement Administration (DEA), declined to take a firm stance on marijuana rescheduling in his responses to questions from members of the Senate Judiciary Committee, but did say he would give the matter “careful consideration”.
When asked directly by Senator Cory Booker whether he would follow the recommendation from the Department of Health and Human Services (HHS) to move marijuana from Schedule I to Schedule III under the Controlled Substances Act, Cole repeatedly deferred. “If confirmed, I will give the matter careful consideration after consulting with appropriate personnel within the Drug Enforcement Administration, familiarizing myself with the current status of the regulatory process, and reviewing all relevant information,” Cole said.
Pressed by Booker on whether the DEA is bound by the Controlled Substances Act’s scheduling process and whether he would follow HHS’s recommendation, Cole again offered only that he would “follow the law” and review the facts of the case. He did not answer questions asking under what circumstances he believed DEA could reject HHS’s scheduling recommendation.
Senator Alex Padilla also questioned Cole on how DEA enforcement would change if marijuana is reclassified. Cole gave no specific answer, instead reiterating his intent to review the issue if confirmed. He did not commit to deprioritizing enforcement actions in states where marijuana is legal or to issuing updated guidance for agents.
In response to a separate question from Padilla about whether marijuana has accepted medical use in the United States, Cole again avoided a direct answer, saying only that he would consult with DEA officials and review all relevant information.
Although Cole offered general support for education, diversion, and treatment efforts related to substance use, his written answers left uncertain how the DEA might approach marijuana enforcement or policy change under his leadership—especially if rescheduling moves forward.
