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 lead the U.S. Department of Health and Human Services (HHS), says he will defer to the Drug Enforcement Administration (DEA) on marijuana rescheduling if confirmed. And he’d “like to review the data” that led to the health agency’s recommendation for the reform before he potentially embraces it—despite his previous, repeated calls for cannabis legalization.

Among cannabis stakeholders, Kennedy’s nomination to lead the nation’s top health agency appeared to be one of the most promising Trump administration developments given his vocal advocacy for ending cannabis criminalization and replacing the policy with a system of regulated marijuana sales, where products are taxed and resulting revenue is earmarked toward supporting substance misuse treatment.

But that is not the message Kennedy sent to members of the Senate Finance Committee in response to a series of questions for the record (QFRs) this week.

Rather than defend his previously stated support for legalization, the nominee declined to even endorse the ongoing process of moving cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA). He said that decision is up to DEA, which has been widely suspected of opposing the rescheduling move since HHS under the Biden administration recommended that reform.

“Do you commit to working with the DOJ and DEA to swiftly resume proceedings on the scheduling of marijuana (which are currently paused)?” a question from Sen. Elizabeth Warren (D-MA) asked.

Kennedy responded: “I defer to the DOJ and DEA on the allocation of their resources and the development of their priorities. Consistent with all applicable laws, I will ensure that HHS’s expertise is available to assist those agencies as needed.”

Reminded of his public comments supporting legalization—including as a 2024 Democratic presidential candidate before he bowed out, became independent and eventually joined the Trump campaign—and asked about whether that means he backs the more limited move to reschedule cannabis, Kennedy said simply that “if an assessment backed by robust evidence concludes that marijuana has accepted medical uses, I have no reason to question that assessment.”

“CSA scheduling is a prerogative of the DEA, and I defer to that agency in the exercise of its authorities,” he said.

That could complicate rescheduling given the fact that the current acting administrator of DEA, Derek Maltz, has made multiple comments expressing hostility to cannabis reform.

Maltz has called marijuana a gateway drug that sets children up to use other substances, suggested cannabis use is linked to school shootings and alleged that the Justice Department “hijacked” the marijuana rescheduling process from DEA, for example.

To Kennedy’s point, it is true that DEA is ultimately responsible for final scheduling decisions under the CSA. But the nominee’s comments seem especially deferential in the context of his past advocacy for reform. Kennedy’s support for legalization wasn’t simply about states’ rights, either. He laid out specific steps to end prohibition and implement a tax-and-regulate system.

Yet asked about two congressional bills that would achieve that end—the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act and Cannabis Administration and Opportunity Act (CAOA)—he again demurred.

“The enactment of legislation is the prerogative of Congress,” he said. “I have not done a deep study of all the provisions of the referenced proposed legislation; that said, I am a staunch supporter of access to substance use disorder treatment.”

Kennedy was also asked whether, as HHS secretary, he would continue to utilize a new two-part scientific review standard the agency adopted in its marijuana scheduling examination.

“It is impossible to speculate on hypothetical future evaluations without full context,” he said. “Ultimately, HHS will apply standards under the CSA that comply with overarching legal obligations for reasoned decisionmaking by agencies.”

Warren—who separately sent the nominee a 34-page letter where she also pressed him reiterate his position on marijuana legalization—asked Kennedy in her QFR if he would “support policies that protect federal employees in states with legal, regulated cannabis marketplaces from penalties or adverse professional consequences for using cannabis.”

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

Warren then asked if Kennedy would “support policies that result in the release of individuals who are incarcerated for cannabis offenses, given the negative public health impacts of incarceration and the growing public understanding that cannabis offenses should not result in incarceration.”

Kennedy said: “I defer to the Department of Justice and state and local authorities for the enforcement of criminal justice.”

Sen. Ron Wyden (D-OR) also took the opportunity to submit cannabis policy questions to Kennedy in his own QFRs, asking whether he agrees with the HHS assessment that marijuana holds medical value, whether a Schedule III reclassification is appropriate and if he’d commit to following the science to see through the rescheduling process under Trump.

“If confirmed,” Kennedy said, “I look forward to reviewing the reasoning behind the FDA’s conclusion and following the law.”

Wyden also asked a series of questions about hemp, including whether he felt FDA had the necessary authority to regulate the federally legalized cannabis product and if he’d work with Congress “to ensure that hemp and hemp-derived products remain available for adult users, while also ensuring that they are safely manufactured, tested for pesticides, heavy metals and other adulterants, accurately labeled, and kept out of the hands of kids.”

“If confirmed, I look forward to following the law,” Kennedy said. “In addition, I look forward to working with Congress, relevant stakeholders, medical experts, and the patient community to ensure that every safe and effective treatment is made available for patients, consistent with federal law.”

Sen. Peter Welch (D-VT) separately pressed the HHS nominee on marijuana rescheduling, pointing out that Trump himself backed the reform on the campaign trail.

“Do you agree with HHS’s assessment that marijuana has ‘currently accepted medical uses?’” Welch asked.

“As explained in my previous response, if an assessment backed by robust evidence concludes that marijuana has accepted medical uses, I have no reason to question that assessment,” Kennedy said.

But, again, the nominee during his time running for the Democratic ticket seemed confident that not only does cannabis have medical value, but it deserved to be federally descheduled altogether.

“Do you support placing marijuana on Schedule III?” Welch asked.

Kennedy: “I would like to review the data and discuss the policy with stakeholders.”

He declined to answer follow up questions about whether he would work to finalize the rescheduling process or, if he opposes the reform, why he felt that way.

Meanwhile, a political action committee founded by former Vice President Mike Pence is gunning to undermine the confirmation Kennedy as HHS secretary—in part by drawing attention to his support for marijuana and psychedelics reform, as well as his personal history with substance misuse.

Kennedy followed a dizzying path to the Trump administration, entering the 2024 presidential election as a Democratic candidate before switching to independent as he lagged in the polls and then eventually endorsing the GOP nominee.

In October, Kennedy specifically criticized the Food and Drug Administration (FDA) over the agency’s “suppression of psychedelics” and a laundry list of other issues that he said amounted to a “war on public health” that would end under the Trump administration.

Meanwhile, a top U.S. Department of Veterans Affairs (VA) official recently said it’s “very encouraging” that Kennedy supports psychedelics reform—and he hopes to work with him on the issue if he stays on for the next administration.

Not everyone shares VA Under Secretary for Health Shereef Elnahal’s enthusiasm for Kennedy as the potential HHS secretary, however. Author Michael Pollan, for example, said that Trump’s pick could prove “very dangerous” to the psychedelics movement—even though he is a supporter of reform.

He said the prospective nominee might pursue federal reform in a way that delegitimizes the science behind substances such as psilocybin.

By contrast, Rick Perry—a former governor of Texas who also served in the first Trump administration—recently said the president-elect’s choices for key health policy positions, including Kennedy, are a “great gift” for the psychedelics reform movement, particularly as it concerns access to ibogaine as a treatment option for serious mental health conditions.

Read the full questions and answers between the senators and Kennedy on marijuana policy below: 

Warren

Question 156: As a presidential candidate, you said that if elected you would legalize marijuana and use the tax revenue to fund programs for people seeking treatment pertaining to use of controlled substances. Section 6 of the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act has a provision that would require the Secretary of HHS to make grant money available for substance use disorder. In the Senate, I am a cosponsor of the Cannabis Administration and Opportunity Act (CAOA), which would provide hundreds of millions of dollars for substance use disorder treatment programs. Do you support the MORE Act and the CAOA?

Response: The enactment of legislation is the prerogative of Congress. I have not done a deep study of all the provisions of the referenced proposed legislation; that said, I am a staunch supporter of access to substance use disorder treatment.

Question 157: Implicit in your position that marijuana should be legalized is that it should be removed from the federal Controlled Substances Act (CSA). There is currently a proposed rule to move marijuana from Schedule I to Schedule III of the CSA. While there are some benefits to moving marijuana away from its current placement in Schedule I to the less restrictive Schedule III, it will still remain federally illegal even if the proposed rule is finalized. In August 2023, HHS Secretary Xavier Becerra announced that the agency found marijuana had accepted medical use and a low potential for abuse, and as such was recommending marijuana be rescheduled to Schedule III.

A. Please explain your position on marijuana’s scheduling under the CSA. Do you agree with the 2023 HHS assessment that marijuana has currently accepted medical uses? Do you believe cannabis should be regulated under the CSA at all?

Response: As explained in my previous response, if an assessment backed by robust evidence concludes that marijuana has accepted medical uses, I have no reason to question that assessment. CSA scheduling is a prerogative of the DEA, and I defer to that agency in the exercise of its authorities.

B. Do you commit to working with the DOJ and DEA to swiftly resume proceedings on the scheduling of marijuana (which are currently paused)?

Response: I defer to the DOJ and DEA on the allocation of their resources and the development of their priorities. Consistent with all applicable laws, I will ensure that HHS’s expertise is available to assist those agencies as needed.

C. In future drug evaluations, do you plan to continue use of the new two-part test that HHS used to show that marijuana has a currently accepted medical use?

Response: It is impossible to speculate on hypothetical future evaluations without full context. Ultimately, HHS will apply standards under the CSA that comply with overarching legal obligations for reasoned decisionmaking by agencies.

Question 158: Will you support policies that protect federal employees in states with legal, regulated cannabis marketplaces from penalties or adverse professional consequences for using cannabis?

Response: If confirmed, my focus will be on HHS’ exercise of HHS’ authorities. I defer to OPM for policies around federal personnel.

Question 159: Will you support policies that result in the release of individuals who are incarcerated for cannabis offenses, given the negative public health impacts of incarceration and the growing public understanding that cannabis offenses should not result in incarceration?

Response: I defer to the Department of Justice and state and local authorities for the enforcement of criminal justice.

Wyden

During President Joe Biden’s administration, the Drug Enforcement Administration (DEA) under the Department of Justice followed the leadership of 39 states in reviewing the appropriate legal classification of marijuana. The Food and Drug Administration under the Department of Health and Human Services conducted a robust and science-based review, officially recommending cannabis be rescheduled from from Schedule I of the Controlled Substances Act (CSA) to Schedule III, which would potentially increase research into cannabis but would not legalize or regulate cannabis products, including medical and adult-use marijuana. The FDA review acknowledged that cannabis has “some credible level of scientific support for some of the therapeutic uses for which marijuana is being used in clinical practice in the United States.”

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

Question 102. Do you believe that the CSA’s Schedule III classification for cannabis is most appropriate, or is there another classification under the CSA better suited to apply to cannabis?

Question 103. Do you commit to protecting the science-based role of FDA in any future rescheduling or descheduling process initiated by the Trump administration?

Response to Questions 101-103: If confirmed, I look forward to reviewing the reasoning behind the FDA’s conclusion and following the law.

You have previously expressed support for decriminalizing cannabis at the federal level. In the 2018 Farm Bill (P.L. 115-334), Congress created the legally distinct category of “Hemp,” removing cannabis crops with certain characteristics from the Controlled Substances Act. This category includes products like cannabidiol (CBD), topical, oral and inhalable cannabis products, and animal products as well. Members of Donald Trump’s administration, including Trump himself, have at times supported legal hemp products, and at times threatened to prohibit all such products, and some in Congress support banning all hemp products. As Secretary, you will oversee the Food and Drug Administration (FDA), which has some authority to regulate these products, and the millions of Americans who benefit from using hemp products will look to you for consistent leadership on the regulation of these products.

Question 104. Under current law, there is no federal standard for transparency in manufacturing, processing, labeling or packaging of hemp products, meaning consumers may lack reliable information about the contents and potency of these products. Do you believe that FDA can improve regulation of hemp and hemp-derived products to ensure they are safely manufactured, tested for pesticides, heavy metals and other adulterants, accurately labeled, and kept out of the hands of kids?

Question 105. Do you believe that the FDA has the necessary authority under current law to effectively regulate hemp and hemp-derived products? If not, do you believe that additional statutory authority is necessary for FDA to adequately ensure consumer safety regarding these products?

Question 106. Do you believe that a new product category for hemp products would be necessary or beneficial for FDA’s regulation of such products?

Question 107. Will you commit to working with Congress to ensure that hemp and hemp-derived products remain available for adult users, while also ensuring that they are safely manufactured, tested for pesticides, heavy metals and other adulterants, accurately labeled, and kept out of the hands of kids?

Response to Questions 104-107: If confirmed, I look forward to following the law. In addition, I look forward to working with Congress, relevant stakeholders, medical experts, and the patient community to ensure that every safe and effective treatment is made available for patients, consistent with federal law.

Welch

During the 2024 campaign, President Trump stated on Truth Social, “I believe it is time to end needless arrests and incarcerations of adults for small amounts of marijuana for personal use. We must also implement smart regulations, while providing access for adults, to safe, tested product.” In April 2024, the Biden Administration commenced a rescheduling process after the Department of Health and Human Services and Food and Drug Administration determined marijuana has “currently accepted medical uses.” It has proposed moving marijuana to Schedule III of the Controlled Substances Act.

Question 1: Do you agree with HHS’s assessment that marijuana has “currently accepted medical uses?”

Response: As explained in my previous response, if an assessment backed by robust evidence concludes that marijuana has accepted medical uses, I have no reason to question that assessment.

Question 2: Do you support placing marijuana on Schedule III?

Response: I would like to review the data and discuss the policy with stakeholders.

DEA Judge Rejects Veterans Group’s Petition To Participate In Marijuana Rescheduling Hearing

Image element courtesy of Gage Skidmore. 

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