RFK Says He’ll ‘Defer’ To DEA On Marijuana Rescheduling As Trump’s Health Secretary, While Dodging Questions On Legalization Support

Robert F. Kennedy Jr., President Donald Trump’s nominee to guide the U.S. Division of Well being and Human Companies (HHS), says he’ll defer to the Drug Enforcement Administration (DEA) on marijuana rescheduling if confirmed. And he’d “prefer to overview the info” that led to the well being company’s suggestion for the reform earlier than he doubtlessly embraces it—regardless of his earlier, repeated requires hashish legalization.

Amongst hashish stakeholders, Kennedy’s nomination to guide the nation’s prime well being company gave the impression to be probably the most promising Trump administration developments given his vocal advocacy for ending hashish criminalization and changing the coverage with a system of regulated marijuana gross sales, the place merchandise are taxed and ensuing income is earmarked towards supporting substance misuse therapy.

However that’s not the message Kennedy despatched to members of the Senate Finance Committee in response to a collection of questions for the document (QFRs) this week.

Fairly than defend his beforehand acknowledged assist for legalization, the nominee declined to even endorse the continued means of shifting hashish from Schedule I to Schedule III of the Managed Substances Act (CSA). He mentioned that call is as much as DEA, which has been broadly suspected of opposing the rescheduling transfer since HHS below the Biden administration advisable that reform.

“Do you decide to working with the DOJ and DEA to swiftly resume proceedings on the scheduling of marijuana (that are at present paused)?” a query from Sen. Elizabeth Warren (D-MA) requested.

Kennedy responded: “I defer to the DOJ and DEA on the allocation of their assets and the event of their priorities. In keeping with all relevant legal guidelines, I’ll be certain that HHS’s experience is accessible to help these businesses as wanted.”

Reminded of his public feedback supporting legalization—together with as a 2024 Democratic presidential candidate earlier than he bowed out, grew to become impartial and finally joined the Trump marketing campaign—and requested about whether or not meaning he backs the extra restricted transfer to reschedule hashish, Kennedy mentioned merely that “if an evaluation backed by strong proof concludes that marijuana has accepted medical makes use of, I’ve no cause to query that evaluation.”

“CSA scheduling is a prerogative of the DEA, and I defer to that company within the train of its authorities,” he mentioned.

That might complicate rescheduling given the truth that the present appearing administrator of DEA, Derek Maltz, has made a number of feedback expressing hostility to hashish reform.

Maltz has known as marijuana a gateway drug that units youngsters up to make use of different substances, recommended hashish use is linked to highschool shootings and alleged that the Justice Division “hijacked” the marijuana rescheduling course of from DEA, for instance.

To Kennedy’s level, it’s true that DEA is finally chargeable for ultimate scheduling choices below the CSA. However the nominee’s feedback appear particularly deferential within the context of his previous advocacy for reform. Kennedy’s assist for legalization wasn’t merely about states’ rights, both. He laid out particular steps to finish prohibition and implement a tax-and-regulate system.

But requested about two congressional payments that may obtain that finish—the Marijuana Alternative, Reinvestment and Expungement (MORE) Act and Hashish Administration and Alternative Act (CAOA)—he once more demurred.

“The enactment of laws is the prerogative of Congress,” he mentioned. “I’ve not executed a deep research of all of the provisions of the referenced proposed laws; that mentioned, I’m a staunch supporter of entry to substance use dysfunction therapy.”

Kennedy was additionally requested whether or not, as HHS secretary, he would proceed to make the most of a brand new two-part scientific overview commonplace the company adopted in its marijuana scheduling examination.

“It’s unattainable to invest on hypothetical future evaluations with out full context,” he mentioned. “Finally, HHS will apply requirements below the CSA that adjust to overarching authorized obligations for reasoned decisionmaking by businesses.”

Warren—who individually despatched the nominee a 34-page letter the place she additionally pressed him reiterate his place on marijuana legalization—requested Kennedy in her QFR if he would “assist insurance policies that shield federal staff in states with authorized, regulated hashish marketplaces from penalties or antagonistic skilled penalties for utilizing hashish.”

The nominee replied: “If confirmed, my focus will probably be on HHS’ train of HHS’ authorities. I defer to [the Office of Personnel Management, or OPM] for insurance policies round federal personnel.”

Warren then requested if Kennedy would “assist insurance policies that consequence within the launch of people who’re incarcerated for hashish offenses, given the detrimental public well being impacts of incarceration and the rising public understanding that hashish offenses shouldn’t lead to incarceration.”

Kennedy mentioned: “I defer to the Division of Justice and state and native authorities for the enforcement of prison justice.”

Sen. Ron Wyden (D-OR) additionally took the chance to submit hashish coverage questions to Kennedy in his personal QFRs, asking whether or not he agrees with the HHS evaluation that marijuana holds medical worth, whether or not a Schedule III reclassification is acceptable and if he’d decide to following the science to see by means of the rescheduling course of below Trump.

“If confirmed,” Kennedy mentioned, “I sit up for reviewing the reasoning behind the FDA’s conclusion and following the regulation.”

Wyden additionally requested a collection of questions on hemp, together with whether or not he felt FDA had the mandatory authority to control the federally legalized hashish product and if he’d work with Congress “to make sure that hemp and hemp-derived merchandise stay out there for grownup customers, whereas additionally making certain that they’re safely manufactured, examined for pesticides, heavy metals and different adulterants, precisely labeled, and saved out of the arms of children.”

“If confirmed, I sit up for following the regulation,” Kennedy mentioned. “As well as, I sit up for working with Congress, related stakeholders, medical consultants, and the affected person neighborhood to make sure that each protected and efficient therapy is made out there for sufferers, in line with federal regulation.”

Sen. Peter Welch (D-VT) individually pressed the HHS nominee on marijuana rescheduling, mentioning that Trump himself backed the reform on the marketing campaign path.

“Do you agree with HHS’s evaluation that marijuana has ‘at present accepted medical makes use of?’” Welch requested.

“As defined in my earlier response, if an evaluation backed by strong proof concludes that marijuana has accepted medical makes use of, I’ve no cause to query that evaluation,” Kennedy mentioned.

However, once more, the nominee throughout his time working for the Democratic ticket appeared assured that not solely does hashish have medical worth, but it surely deserved to be federally descheduled altogether.

“Do you assist putting marijuana on Schedule III?” Welch requested.

Kennedy: “I wish to overview the info and talk about the coverage with stakeholders.”

He declined to reply comply with up questions on whether or not he would work to finalize the rescheduling course of or, if he opposes the reform, why he felt that means.

In the meantime, a political motion committee based by former Vice President Mike Pence is gunning to undermine the affirmation Kennedy as HHS secretary—partially by drawing consideration to his assist for marijuana and psychedelics reform, in addition to his private historical past with substance misuse.

Kennedy adopted a dizzying path to the Trump administration, coming into the 2024 presidential election as a Democratic candidate earlier than switching to impartial as he lagged within the polls after which finally endorsing the GOP nominee.

In October, Kennedy particularly criticized the Meals and Drug Administration (FDA) over the company’s “suppression of psychedelics” and a laundry record of different points that he mentioned amounted to a “struggle on public well being” that may finish below the Trump administration.

In the meantime, a prime U.S. Division of Veterans Affairs (VA) official just lately mentioned it’s “very encouraging” that Kennedy helps psychedelics reform—and he hopes to work with him on the difficulty if he stays on for the following administration.

Not everybody shares VA Below Secretary for Well being Shereef Elnahal’s enthusiasm for Kennedy because the potential HHS secretary, nonetheless. Writer Michael Pollan, for instance, mentioned that Trump’s choose might show “very harmful” to the psychedelics motion—although he’s a supporter of reform.

He mentioned the potential nominee would possibly pursue federal reform in a means that delegitimizes the science behind substances reminiscent of psilocybin.

In contrast, Rick Perry—a former governor of Texas who additionally served within the first Trump administration—just lately mentioned the president-elect’s decisions for key well being coverage positions, together with Kennedy, are a “nice present” for the psychedelics reform motion, notably because it considerations entry to ibogaine as a therapy possibility for critical psychological well being circumstances.

Learn the complete questions and solutions between the senators and Kennedy on marijuana coverage beneath: 

Warren

Query 156: As a presidential candidate, you mentioned that if elected you’ll legalize marijuana and use the tax income to fund applications for individuals in search of therapy pertaining to make use of of managed substances. Part 6 of the Marijuana Alternative, Reinvestment and Expungement (MORE) Act has a provision that may require the Secretary of HHS to make grant cash out there for substance use dysfunction. Within the Senate, I’m a cosponsor of the Hashish Administration and Alternative Act (CAOA), which would offer lots of of tens of millions of {dollars} for substance use dysfunction therapy applications. Do you assist the MORE Act and the CAOA?

Response: The enactment of laws is the prerogative of Congress. I’ve not executed a deep research of all of the provisions of the referenced proposed laws; that mentioned, I’m a staunch supporter of entry to substance use dysfunction therapy.

Query 157: Implicit in your place that marijuana needs to be legalized is that it needs to be faraway from the federal Managed Substances Act (CSA). There’s at present a proposed rule to maneuver marijuana from Schedule I to Schedule III of the CSA. Whereas there are some advantages to shifting marijuana away from its present placement in Schedule I to the much less restrictive Schedule III, it’s going to nonetheless stay federally unlawful even when the proposed rule is finalized. In August 2023, HHS Secretary Xavier Becerra introduced that the company discovered marijuana had accepted medical use and a low potential for abuse, and as such was recommending marijuana be rescheduled to Schedule III.

A. Please clarify your place on marijuana’s scheduling below the CSA. Do you agree with the 2023 HHS evaluation that marijuana has at present accepted medical makes use of? Do you imagine hashish needs to be regulated below the CSA in any respect?

Response: As defined in my earlier response, if an evaluation backed by strong proof concludes that marijuana has accepted medical makes use of, I’ve no cause to query that evaluation. CSA scheduling is a prerogative of the DEA, and I defer to that company within the train of its authorities.

B. Do you decide to working with the DOJ and DEA to swiftly resume proceedings on the scheduling of marijuana (that are at present paused)?

Response: I defer to the DOJ and DEA on the allocation of their assets and the event of their priorities. In keeping with all relevant legal guidelines, I’ll be certain that HHS’s experience is accessible to help these businesses as wanted.

C. In future drug evaluations, do you intend to proceed use of the brand new two-part check that HHS used to point out that marijuana has a at present accepted medical use?

Response: It’s unattainable to invest on hypothetical future evaluations with out full context. Finally, HHS will apply requirements below the CSA that adjust to overarching authorized obligations for reasoned decisionmaking by businesses.

Query 158: Will you assist insurance policies that shield federal staff in states with authorized, regulated hashish marketplaces from penalties or antagonistic skilled penalties for utilizing hashish?

Response: If confirmed, my focus will probably be on HHS’ train of HHS’ authorities. I defer to OPM for insurance policies round federal personnel.

Query 159: Will you assist insurance policies that consequence within the launch of people who’re incarcerated for hashish offenses, given the detrimental public well being impacts of incarceration and the rising public understanding that hashish offenses shouldn’t lead to incarceration?

Response: I defer to the Division of Justice and state and native authorities for the enforcement of prison justice.

Wyden

Throughout President Joe Biden’s administration, the Drug Enforcement Administration (DEA) below the Division of Justice adopted the management of 39 states in reviewing the suitable authorized classification of marijuana. The Meals and Drug Administration below the Division of Well being and Human Companies performed a strong and science-based overview, formally recommending hashish be rescheduled from from Schedule I of the Managed Substances Act (CSA) to Schedule III, which might doubtlessly enhance analysis into hashish however wouldn’t legalize or regulate hashish merchandise, together with medical and adult-use marijuana. The FDA overview acknowledged that hashish has “some credible stage of scientific assist for a number of the therapeutic makes use of for which marijuana is being utilized in medical observe in the USA.”

Query 101. Do you agree with the FDA’s conclusion that hashish has some medical and/or therapeutic use?

Query 102. Do you imagine that the CSA’s Schedule III classification for hashish is most acceptable, or is there one other classification below the CSA higher suited to use to hashish?

Query 103. Do you decide to defending the science-based position of FDA in any future rescheduling or descheduling course of initiated by the Trump administration?

Response to Questions 101-103: If confirmed, I sit up for reviewing the reasoning behind the FDA’s conclusion and following the regulation.

You will have beforehand expressed assist for decriminalizing hashish on the federal stage. Within the 2018 Farm Invoice (P.L. 115-334), Congress created the legally distinct class of “Hemp,” eradicating hashish crops with sure traits from the Managed Substances Act. This class contains merchandise like cannabidiol (CBD), topical, oral and inhalable hashish merchandise, and animal merchandise as nicely. Members of Donald Trump’s administration, together with Trump himself, have at occasions supported authorized hemp merchandise, and at occasions threatened to ban all such merchandise, and a few in Congress assist banning all hemp merchandise. As Secretary, you’ll oversee the Meals and Drug Administration (FDA), which has some authority to control these merchandise, and the tens of millions of Individuals who profit from utilizing hemp merchandise will look to you for constant management on the regulation of those merchandise.

Query 104. Below present regulation, there isn’t any federal commonplace for transparency in manufacturing, processing, labeling or packaging of hemp merchandise, that means customers could lack dependable details about the contents and efficiency of those merchandise. Do you imagine that FDA can enhance regulation of hemp and hemp-derived merchandise to make sure they’re safely manufactured, examined for pesticides, heavy metals and different adulterants, precisely labeled, and saved out of the arms of children?

Query 105. Do you imagine that the FDA has the mandatory authority below present regulation to successfully regulate hemp and hemp-derived merchandise? If not, do you imagine that further statutory authority is important for FDA to adequately guarantee shopper security concerning these merchandise?

Query 106. Do you imagine {that a} new product class for hemp merchandise can be crucial or helpful for FDA’s regulation of such merchandise?

Query 107. Will you decide to working with Congress to make sure that hemp and hemp-derived merchandise stay out there for grownup customers, whereas additionally making certain that they’re safely manufactured, examined for pesticides, heavy metals and different adulterants, precisely labeled, and saved out of the arms of children?

Response to Questions 104-107: If confirmed, I sit up for following the regulation. As well as, I sit up for working with Congress, related stakeholders, medical consultants, and the affected person neighborhood to make sure that each protected and efficient therapy is made out there for sufferers, in line with federal regulation.

Welch

Throughout the 2024 marketing campaign, President Trump acknowledged on Fact Social, “I imagine it’s time to finish unnecessary arrests and incarcerations of adults for small quantities of marijuana for private use. We should additionally implement sensible rules, whereas offering entry for adults, to protected, examined product.” In April 2024, the Biden Administration commenced a rescheduling course of after the Division of Well being and Human Companies and Meals and Drug Administration decided marijuana has “at present accepted medical makes use of.” It has proposed shifting marijuana to Schedule III of the Managed Substances Act.

Query 1: Do you agree with HHS’s evaluation that marijuana has “at present accepted medical makes use of?”

Response: As defined in my earlier response, if an evaluation backed by strong proof concludes that marijuana has accepted medical makes use of, I’ve no cause to query that evaluation.

Query 2: Do you assist putting marijuana on Schedule III?

Response: I wish to overview the info and talk about the coverage with stakeholders.

Picture ingredient courtesy of Gage Skidmore.