The cannabis rescheduling debate in the United States has reached a critical juncture, marked by the recent appointment of Derek Maltz as interim administrator of the U.S. Drug Enforcement Administration (DEA). Maltz, a career DEA official and former chief of the New York Drug Enforcement Task Force, has expressed skepticism about the ongoing process to reclassify cannabis under federal law. His appointment by the Trump administration comes at a time when cannabis policy is increasingly at odds with public opinion and state-level legalization efforts.
A Contentious Process
The rescheduling process began in earnest under the Biden administration in October 2022, when then-Attorney General Merrick Garland signed a proposed rule to reclassify cannabis from a Schedule I drug—deemed to have no medical use and a high potential for abuse—to Schedule III, which includes substances like ketamine and anabolic steroids. This decision followed a recommendation from the Department of Health and Human Services (HHS) in August 2023, which found that cannabis has a “currently accepted medical use” in the United States.
However, the DEA—which has final authority over rescheduling—has questioned the process. An internal memo from the Department of Justice’s Office of Legal Counsel revealed that the DEA objected to the reclassification, arguing that the Justice Department had “hijacked” the process. Maltz’s appointment has added another layer of uncertainty, as he has openly criticized the decision, calling it “politics over public safety.”
“It’s crystal clear to me that the Justice Department hijacked the rescheduling process, placing politics above public safety,” Maltz told the Associated Press in May 2024. “If there’s scientific evidence to support this decision, then so be it. But you’ve got to let the scientists evaluate it.”
Public Opinion vs. Federal Policy
The dissonance within the federal government underscores the continuing debate over the risks posed by cannabis, even as 38 states have legalized medical marijuana and 24 have legalized its recreational use. Meanwhile, public support for legalization has reached an all-time high, with 70% of adults favoring legalization, according to a Gallup poll conducted last fall.
“The argument that marijuana is as dangerous as fentanyl, cocaine, and meth is laughable,” said Matthew C. Zorn, a Houston-based attorney who writes a newsletter on cannabis regulation. “The DEA isn’t where most Americans are. They’re standing on the wrong side of history.”
Legal Challenges and Delays
The rescheduling process has also been delayed by legal challenges. A hearing before Chief Administrative Law Judge John Mulrooney II, originally scheduled to begin on January 21, 2025, was canceled after an interlocutory appeal accused the DEA of bias. The appeal has temporarily halted the process, leaving the timeline for a final decision uncertain.
Adding to the complexity, the Trump administration retains the option to withdraw the proposed rule entirely. According to the Congressional Research Service, if a federal agency has not published a final rule before a new administration takes office, the president can direct that the rule be withdrawn.
A Global Perspective: Could Europe Lead the Way?
While the United States grapples with internal divisions over cannabis policy, Europe is emerging as a potential leader in this space. Many European nations have acknowledged the failures of the “war on drugs” and are taking steps toward more progressive approaches. Countries like Germany and the Czech Republic are spearheading medical cannabis programs, and the continent as a whole could soon become a global hub for medical cannabis innovation.
The European Union’s coordinated efforts to regulate cannabis for medical use provide a stark contrast to the fragmented approach in the United States. If Europe continues on its current trajectory, it could become the first fully medical continent, paving the way for eventual recreational legalization. This shift would not only challenge the U.S. dominance in cannabis markets but also set a new global standard for regulation and research.
A Nation at a Crossroads
The debate over cannabis rescheduling reflects broader tensions in U.S. drug policy. While states continue to expand access to cannabis, the federal government remains divided. Advocates argue that reclassifying cannabis would bring regulatory clarity and unlock new opportunities for research and medical use. Opponents, however, warn of potential risks to public safety and question the scientific basis for reclassification.
As Derek Maltz takes the helm of the DEA, the future of cannabis policy in America hangs in the balance. His skepticism toward rescheduling and the ongoing legal challenges highlight the complexities of navigating this contentious issue. Meanwhile, Europe’s unified efforts could position it as a global leader, offering a glimpse of what a fully integrated medical and recreational cannabis market might look like. The world will be watching to see which path ultimately prevails.