Last December, a presidential directive promised swift action to reclassify cannabis. Yet, months later, progress has completely flatlined. People may be wondering why such a major shift in the country’s approach to marijuana is suddenly stuck in limbo.
Congressman Steve Cohen is tired of waiting. On March 27th, the Tennessee Democrat sent a pointed letter to Attorney General Pam Bondi and Drug Enforcement Administration (DEA) Administrator Terry Cole. He wants to know exactly why the government is dragging its feet on moving marijuana from Schedule I to Schedule III under the Controlled Substances Act.
The delay highlights a frustrating reality for patients, researchers, and legal cannabis operators. Even with executive pressure to move quickly, procedural hurdles are bringing the process to a halt. Cohen’s inquiry seeks policy guidance to get the process back on track.
Stalled Push for Schedule III Cannabis
Late last year, the momentum for cannabis reform seemed unstoppable. On December 18, 2025, President Donald Trump signed an executive order directing the Department of Justice to complete the rulemaking process for rescheduling marijuana. The order explicitly instructed the Attorney General to finalize this change “in the most expeditious manner.”
Despite this clear mandate from the White House, the gears of the DEA have barely moved. Moving a substance out of Schedule I—a category reserved for drugs with no accepted medical use and a high potential for abuse—requires a strict administrative process.
Congressman Cohen’s letter highlights a massive procedural blind spot currently paralyzing the DEA. The agency requires an Administrative Law Judge to oversee the hearings related to the rescheduling proposal. There is just one massive problem: the DEA currently does not have one.
The Missing Judge Problem
The previous Chief Administrative Law Judge for the DEA, John Mulrooney II, retired on August 1, 2025. Before his departure, Mulrooney noted that his retirement would leave the agency completely without an Administrative Law Judge to hear the marijuana rescheduling matter, or any other pending enforcement cases.
Administrator Terry Cole has not yet filled this vacancy. Without a judge to preside over the necessary administrative hearings, the entire reclassification effort is frozen. Cohen directly asked Bondi and Cole how the DEA plans to proceed with the rescheduling hearings without an administrative judge, and what the expected timeline is for the rulemaking to finally conclude.
Breaking Down the Marijuana Rescheduling Process
To understand why a missing judge causes such a massive delay, it helps to understand how the federal scheduling system operates. The path to reclassification is complex and heavily regulated by the Administrative Procedure Act.
Here is a breakdown of how the marijuana rescheduling process is supposed to work:
- Scientific Review: The Department of Health and Human Services conducts a rigorous medical and scientific evaluation. They review current data and make a scheduling recommendation to the Department of Justice. In the case of cannabis, federal health agencies already completed this step and recommended a move to Schedule III.
- Proposed Rulemaking: The Attorney General and the DEA review the scientific findings and publish a proposed rule in the Federal Register. This alerts the public to the government’s intention to reclassify the drug.
- Public Comment Period: The government opens a window for citizens, medical professionals, and industry experts to submit feedback on the proposed rule. The cannabis proposal received tens of thousands of comments.
- Administrative Hearing: Interested parties can request a formal hearing to present evidence supporting or opposing the rule change. An Administrative Law Judge must preside over this hearing to ensure the proceedings are fair and legally sound.
- Final Rule Publication: After reviewing the hearing records and public comments, the DEA publishes a final rule, making the new drug schedule official.
Because the process requires an Administrative Law Judge to review the evidence during the hearing phase, the DEA cannot legally skip to the final rule publication. Until the agency appoints a new judge, the progression to Schedule III remains completely blocked.
A 50-Year History of Ignored Science
Congressman Cohen used his letter to remind the Justice Department that the fight to remove cannabis from Schedule I is not a recent development. In fact, it dates back more than half a century.
Cohen referenced the 1972 Shafer Commission, officially known as the National Commission on Marihuana and Drug Abuse. President Richard Nixon appointed this commission to study the effects of cannabis and recommend appropriate drug policies. After extensive research, the commission presented its findings to Congress on March 22, 1972. They explicitly recommended removing marijuana from Schedule I.
The Nixon Administration famously ignored the findings of its own appointed experts. Cannabis remained in the most restrictive drug category alongside heroin.
Cohen firmly stated his belief that marijuana never belonged on Schedule I. He pointed out that its inclusion resulted in harsh, disproportionate prison sentences that heavily impacted communities of color. Furthermore, the strict regulations surrounding Schedule I drugs have substantially hampered vital medical research for decades.
Moving marijuana to Schedule III would acknowledge the accepted medical use of cannabis. It would also relieve state-licensed cannabis businesses from the punishing 280E tax code, which currently prevents them from taking standard federal business tax deductions.
Easing Research Barriers
While the primary focus of Cohen’s letter involves cannabis rescheduling, he also pressed the Justice Department on another missed deadline regarding scientific research.
The Halt All Lethal Trafficking of Fentanyl Act (HALT Fentanyl Act) was signed into law on July 16, 2025. Section 3 of this legislation included specific provisions designed to improve how the research community accesses Schedule I substances for scientific studies. The law required the Attorney General to issue rules implementing these research guidelines within six months.
That statutory deadline passed on January 16, 2026, without any published regulations.
Cohen, acting as the Co-Chair of the Congressional Biomedical Research Caucus, stressed that these provisions are not backdoor legalization measures. They are essential tools for scientists who need to expeditiously conduct experiments without facing undue regulatory barriers.
Because the DEA has failed to issue these regulations, scientific progress is taking a hit. Researchers remain unable to easily access vital compounds needed for study. Cohen specifically pointed to psilocybin—another Schedule I substance—which has shown massive promise in clinical trials for treating severe depression and aiding in smoking cessation.
Cohen demanded a timeline for when the scientific community can expect to see the notice of proposed rulemaking regarding these essential research provisions.
The Future of Federal Drug Policy Reform
The current situation presents a massive test for federal drug policy reform. The scientific consensus supports rescheduling marijuana, and the executive branch has formally ordered the Justice Department to make it happen quickly. Yet, administrative bottlenecks continue to hold up progress that the American public overwhelmingly supports.
Congressman Cohen’s demand for answers puts necessary pressure on the DOJ and DEA to resolve their internal staffing issues. Filling the Administrative Law Judge vacancy is the only way to restart the hearings and move the rescheduling rule toward the finish line.
Until Attorney General Bondi and Administrator Cole provide a clear timeline, the cannabis industry, medical researchers, and patients will remain in a holding pattern. The opportunity to correct decades of misguided drug policy is sitting right in front of federal regulators. Now, they just need to execute it.
