Trump's Marijuana Rescheduling Order Stalls at DEA After Three Months of Inaction

Three months after President Donald Trump signed an executive order calling for the swift rescheduling of marijuana from Schedule I to Schedule III, the Drug Enforcement Administration has made zero progress on finalizing the reform.

In a joint status report filed Monday, DEA and cannabis reform advocates confirmed that the marijuana rescheduling appeal process "remains pending" with no briefing schedule established. This marks the fifth such filing with virtually identical language, a pattern that suggests deliberate delay rather than bureaucratic complexity.

The stalled appeal concerns allegations that DEA officials engaged in improper communications with anti-rescheduling parties and exhibited bias during the review process. Nearly a year has passed since a former administrative law judge accepted the appeal, yet DEA has not set a timeline for moving forward.

Trump's executive order, issued in January, explicitly directed Attorney General Pam Bondi to finalize the rescheduling rule expeditiously. The president has since fired Bondi, replacing her temporarily with Todd Blanche, who told senators during his confirmation process that he would "give the matter careful consideration" but had not yet studied the issue.

DEA Administrator Promised Swift Action

DEA Administrator Terrance Cole told senators during his own confirmation hearing last year that examining the cannabis rescheduling proposal would be "one of my first priorities." That promise appears to have been empty.

The delay comes despite broad public support for marijuana reform and Trump's own statements defending the decision. When Republican lawmakers sent letters urging him not to reschedule cannabis, Trump dismissed their concerns, pointing out that an overwhelming majority of Americans support the reform and that cannabis can help people suffering from serious health issues, including his personal friends.

Prohibitionists Mobilize Against Reform

While DEA drags its feet, marijuana opponents are preparing for battle. A leading prohibitionist group has retained Trump's former attorney general, Bill Barr, to sue to reverse federal marijuana rescheduling if and when the pending rule is finalized. The group also plans to file a petition through the administrative process to keep cannabis strictly prohibited.

A coalition of Republican state attorneys general has already criticized Trump's rescheduling decision, claiming cannabis is "properly" classified as a Schedule I drug with no accepted medical use and a high potential for abuse. This position contradicts the scientific evidence that prompted the rescheduling proposal in the first place.

What Rescheduling Would Actually Do

Moving cannabis to Schedule III would not legalize marijuana federally. However, it would formally recognize the plant's medical value, allow marijuana businesses to take federal tax deductions under Section 280E of the tax code, and remove certain research barriers that have hindered scientific study of the drug.

A recent Congressional Research Service report noted that the Department of Justice could theoretically decline to enact rescheduling or restart the review process from scratch. Given the current pace of action, either scenario seems plausible.

Pattern of Delay

The interlocutory appeal has been on pause for months, with DEA repeatedly filing status reports that say essentially nothing. The agency has the authority to set the briefing schedule but has chosen not to do so.

Meanwhile, DEA recently finalized quotas for legal production of controlled substances in 2026, including increased amounts of certain psychedelics for research purposes. The agency clearly has the capacity to move forward on drug scheduling matters when it chooses to prioritize them.

A former DEA senior advisor recently published a journal article arguing that current federal laws determining how marijuana and other drugs are classified have "fundamental flaws" that have done "immense damage." The ongoing delay in addressing those flaws only compounds the harm.

An agriculture-focused conservative nonprofit connected to a PAC linked to Trump applauded the rescheduling order, arguing it will "destroy" the illicit market and support seniors and military veterans who could benefit from cannabis. But those benefits remain theoretical as long as DEA refuses to act.

Trump issued his executive order with clear language about expeditious action. Three months later, the bureaucracy he nominally controls has delivered nothing but delays and duplicate paperwork. Whether this represents bureaucratic resistance to presidential authority or tacit approval of inaction remains unclear. What is clear is that Trump's order has not produced the swift reform he promised.