President Donald Trump has nominated a vociferously anti-marijuana official to serve as the lead attorney at the U.S. Department of Health and Human Services (HHS), drawing praise from cannabis prohibitionists.
Mike Stuart, a current GOP West Virginia senator and former U.S. attorney, was nominated by the president to become general counsel of HHS. Among his most controversial claims about cannabis, he’s said today’s products are “genetically engineered,” claimed marijuana is a “gateway drug” that leads to greater misuse of opioids and pledged to “aggressively” enforce criminalization during his time as a federal prosecutor.
While HHS under the Biden administration has already recommended rescheduling cannabis following a scientific review, that process has been delayed, raising questions about the potential influence of new administrative appointees.
HHS’s general counsel is responsible for providing legal advice, interpreting regulatory policies and overseeing litigation involving the agency, among other roles, and so if Stuart is confirmed by the Senate he could be key in any future agency interpretations of the Controlled Substances Act’s requirements when it comes to marijuana’s scheduling status.
After Trump’s former attorney general, Jeff Sessions, rescinded guidance on discretionary federal cannabis enforcement, Stuart applauded the decision, saying it affirms that “marijuana is dangerous drug.”
“Federal law with respect to marijuana is crystal clear. The Cole memo has been rescinded,” he said, referring to the Obama-era guidance. “Interstate commerce requires compliance with federal law. Today’s marijuana is not naturally grown plant but genetically engineered hard drug. That’s just a fact.”
“Despite various state initiatives to increase drug use, there is evidence that marijuana use is linked to an INCREASED risk of developing opioid use disorder,” he said in 2018. “More illicit drug use is not answer to national opioid affliction.”
Also that year, Stuart claimed that “every single” drug treatment professional he has spoke with told him that “marijuana is a gateway drug.”
Stuart has also promoted the ongoing federal ban preventing medical cannabis patients from owning guns, saying “you can’t have both.”
The nominee has also touted the continued lack of banking access for marijuana businesses under federal prohibition.
“Per fed. law, banks that provide marijuana business with checking, debit/credit card, biz loan, could be found guilty of money laundering or conspiracy,” he said. “Nothing changes when states legalize pot. Cannabis co-ops also don’t work because Fed Reserve consent required & not likely.”
Last year as a state senator he criticized plans from Democratic lawmakers to legalize marijuana.
“Democrats released their economic and growth plan for WV. It’s marijuana. Other big ideas? Nope. Just marijuana,” he tweeted. “Tax cuts or court abuse reforms? None. Just marijuana. A drug crisis and the big plan is grow more drugs.”
Stuart has also expressed hostility to cannabis reform at summit events and a symposium on the issue that he organized in 2018 during his time as a U.S. attorney.
He also won an endorsement from a political action committee (PAC) launched in 2022 that targeted pro-legalization candidates and supported those who oppose the policy change in key races.
Naturally, Stuart’s new HHS nomination was quickly celebrated by anti-cannabis interests.
“As a U.S. Attorney and a lawmaker, Mike Stuart has been a steady, principled voice against the addiction industry and the threat pot profiteers pose to public health and safety,” Kevin Sabet, president of Smart Approaches to Marijuana (SAM), said in a press release last week. “As a prosecutor, he was a strong force against those who tried to undercut federal laws on hemp-derived THC and marijuana edibles and oils—products known to be dangerous and addictive.”
By contrast to Stuart, the recently Senate-confirmed secretary of HHS, Robert F. Kennedy Jr. was previously vocal about his support for marijuana legalization.
Despite that stated support, however, following his confirmation Kennedy said last week that he is “worried about” the normalization of high-potency marijuana and that he feels its use can have “really catastrophic impacts” on people, but that state-level legalization can facilitate research into its harms and benefits.
The comments came on the same day that Sen. Pete Ricketts (R-NE) said he received a commitment from Kennedy to “follow the science on the harms of marijuana.”
Ricketts had already disclosed last week that he spoke to Kennedy about the the “importance” of “preventing the expansion of marijuana.” Now he says “RFK committed to me that he would follow the science on the harms of marijuana.”
The senator separately filed a bill last week alongside Sen. James Lankford (R-OK) that seeks to prevent the marijuana industry from taking federal tax deductions even if it’s rescheduling.
Despite Kennedy’s history of advocating for cannabis legalization, he said last month that he will defer to the Drug Enforcement Administration (DEA) on marijuana rescheduling in his new role.
That could complicate rescheduling. Last week, Trump officially named his pick to lead DEA—selecting a decades-long agency veteran and top Virginia official who’s voiced concerns about the dangers of marijuana and linked its use to higher suicide risk among youth.
Separately, anti-marijuana Rep. Andy Harris (R-MD) told Marijuana Moment recently that it’s “definitely” time to have a talk with Kennedy to convince him that “marijuana is harmful” and that the way to make Americans healthy is by “limiting” its use.
Prior to Kennedy’s written responses to members of the Senate Finance Committee that gave him initial approval, Sen. Elizabeth Warren (D-MA) pressed him to reiterate his position on marijuana legalization amid the ongoing effort to federally reschedule cannabis.
A political action committee founded by former Vice President Mike Pence had attempted 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.
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The post Trump’s Pick For Top Health Lawyer Thinks Marijuana Is A ‘Dangerous’ And ‘Genetically Engineered Hard Drug’ appeared first on Marijuana Moment.
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