Two Democratic congresswomen are calling out the Trump administration’s new head of the Drug Enforcement Administration (DEA) over past comments he’s made about marijuana that reflect a “boomer” mentality, including his claim that cannabis is a gateway drug and that the ongoing rescheduling push is politically motivated.
In interviews with Marijuana Moment on Thursday, Reps. Alexandria Ocasio-Cortez (D-NY) and Ilhan Omar (D-MN) were asked about the recent announcement that Derek Maltz would be returning from retirement to serve as DEA’s acting administrator.
The official has made a series of sensational claims about marijuana, calling it a gateway drug that sets children up to use other substances, suggesting marijuana use is linked to school shootings and alleging that the Justice Department “hijacked” the cannabis rescheduling process from DEA, for example.
“What is he 100 years old? All of that has been debunked for a really long time, and I think it’s such a boomer thing to say,” Omar, who was recently appointed to serve as co-chair of the Congressional Cannabis Caucus, said. “I don’t know how old this man is.”
“First of all, we’re not advocating for legalization so kids can use it. So I don’t know why he’s talking about kids,” she said. “It’s helpful for a lot of people who are struggling with all types of stuff.”
Ocasio-Cortez was also asked to weigh in on the new administrator’s past comments, and she said if Maltz is concerned about potential health risks from cannabis, “then maybe he should deschedule marijuana so it can be freely studied.”
“Does he have a medical degree? He doesn’t even have a medical degree,” the congresswoman said, adding that “we can also learn from states that have not criminalized marijuana but have treated it as a substance, the same as alcohol and many other substances as well.”
Maltz, who retired from the agency in 2014 after 28 years of service, has also suggested that state-regulated marijuana markets don’t mitigate illicit sales because “people aren’t going to pay for marijuana…with these high taxes in these states [that have legalized].”
Maltz has been particularly critical of the current marijuana rescheduling effort, claiming that the Justice Department “hijacked” the process from DEA when it advanced a recommendation from the U.S. Department of Health and Human Services (HHS) to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA).
Historically it has been the DEA administrator to sign off on drug scheduling moves, but in this case the cannabis proposed rule was signed by then-Attorney General Merrick Garland.
“It sure seems to me that DOJ has prioritized politics and votes over public health and safety!” he said last May.
Whoever ultimately assumes the top DEA position will be inheriting the years-long rulemaking process to reschedule marijuana initiated under the Biden administration, so advocates and stakeholders are closely following to see who might fill that role.
The announcement that Maltz will be serving as acting administrator comes as another former agency official, Jack Riley, says he’s being courted to potentially lead DEA under the newly inaugurated Trump administration. Riley has previously described marijuana as a “gateway drug.”
For now, administrative hearings on the rescheduling proposal that were scheduled to begin on Tuesday have been delayed, with an agency judge recently granting an appeal motion from pro-reform witnesses that will set the clock back at least three months amid allegations of improper communications between DEA and rescheduling opponents and more.
Trump initially chose Hillsborough County, Florida Sheriff Chad Chronister to lead DEA, but the prospective nominee—who strongly advocated for marijuana decriminalization—withdrew from consideration last month amid scrutiny from conservative lawmakers over the sheriff’s record on COVID-related public safety enforcement actions.
Meanwhile, Trump’s choice for U.S. attorney general, former Florida Attorney General Pam Bondi (R), is declining to say how she plans to navigate key marijuana policy issues—including the ongoing rescheduling process and renewing federal enforcement guidance—if she’s ultimately confirmed.
The LCB contributed reporting from Washington, D.C.
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