Robert F. Kennedy Jr., President Donald Trump’s nominee to guide the U.S. Department of Health and Human Services (HHS), says he’ll defer to the Drug Enforcement Administration (DEA) on marijuana rescheduling if confirmed. And he’d “like to review the data” that led to the well being company’s advice for the reform earlier than he doubtlessly embraces it—despite his previous, repeated calls for cannabis legalization.
Among hashish stakeholders, Kennedy’s nomination to guide the nation’s prime well being company seemed to be probably the most promising Trump administration developments given his vocal advocacy for ending hashish criminalization and changing the coverage with a system of regulated marijuana gross sales, the place merchandise are taxed and ensuing income is earmarked towards supporting substance misuse therapy.
But that isn’t the message Kennedy despatched to members of the Senate Finance Committee in response to a collection of questions for the report (QFRs) this week.
Rather than defend his beforehand said help for legalization, the nominee declined to even endorse the continuing means of shifting hashish from Schedule I to Schedule III of the Controlled Substances Act (CSA). He stated that call is as much as DEA, which has been extensively suspected of opposing the rescheduling transfer since HHS below the Biden administration really useful 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 query from Sen. Elizabeth Warren (D-MA) requested.
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 feedback supporting legalization—together with as a 2024 Democratic presidential candidate earlier than he bowed out, turned impartial and ultimately joined the Trump marketing campaign—and requested about whether or not which means he backs the extra restricted transfer to reschedule hashish, Kennedy stated merely 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 stated.
That may complicate rescheduling given the truth that the present appearing administrator of DEA, Derek Maltz, has made multiple comments expressing hostility to cannabis reform.
Maltz has known as marijuana a gateway drug that units youngsters up to make use of different substances, instructed hashish use is linked to high school shootings and alleged that the Justice Department “hijacked” the marijuana rescheduling course of from DEA, for instance.
To Kennedy’s level, it’s true that DEA is in the end accountable for closing scheduling selections below the CSA. But the nominee’s feedback appear particularly deferential within the context of his previous advocacy for reform. Kennedy’s help for legalization wasn’t merely about states’ rights, both. He laid out particular steps to finish prohibition and implement a tax-and-regulate system.
Yet requested about two congressional payments that may obtain that finish—the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act and Cannabis Administration and Opportunity Act (CAOA)—he once more demurred.
“The enactment of legislation is the prerogative of Congress,” he stated. “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 additionally requested whether or not, as HHS secretary, he would proceed to make the most of a brand new two-part scientific assessment customary the company adopted in its marijuana scheduling examination.
“It is impossible to speculate on hypothetical future evaluations without full context,” he stated. “Ultimately, HHS will apply standards under the CSA that comply with overarching legal obligations for reasoned decisionmaking by agencies.”
Warren—who individually despatched the nominee a 34-page letter the place she also pressed him reiterate his position on marijuana legalization—requested 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 requested 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 stated: “I defer to the Department of Justice and state and local authorities for the enforcement of criminal justice.”
Sen. Ron Wyden (D-OR) additionally took the chance to submit hashish coverage questions to Kennedy in his personal QFRs, asking whether or not he agrees with the HHS evaluation that marijuana holds medical worth, whether or not a Schedule III reclassification is acceptable and if he’d decide to following the science to see by the rescheduling course of below Trump.
“If confirmed,” Kennedy stated, “I look forward to reviewing the reasoning behind the FDA’s conclusion and following the law.”
Wyden additionally requested a collection of questions on hemp, together with whether or not he felt FDA had the mandatory authority to control the federally legalized hashish 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 stated. “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) individually pressed the HHS nominee on marijuana rescheduling, declaring that Trump himself backed the reform on the marketing campaign path.
“Do you agree with HHS’s assessment that marijuana has ‘currently accepted medical uses?’” Welch requested.
“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 stated.
But, once more, the nominee throughout his time working for the Democratic ticket appeared assured that not solely does hashish have medical worth, however it deserved to be federally descheduled altogether.
“Do you support placing marijuana on Schedule III?” Welch requested.
Kennedy: “I would like to review the data and discuss the policy with stakeholders.”
He declined to reply observe up questions on whether or not he would work to finalize the rescheduling course of or, if he opposes the reform, why he felt that manner.
Meanwhile, a political motion committee based by former Vice President Mike Pence is gunning to undermine the affirmation Kennedy as HHS secretary—partially by drawing attention to his support for marijuana and psychedelics reform, in addition to his private historical past with substance misuse.
Kennedy adopted a dizzying path to the Trump administration, coming into the 2024 presidential election as a Democratic candidate earlier than switching to impartial as he lagged within the polls after which ultimately endorsing the GOP nominee.
In October, Kennedy particularly criticized the Food and Drug Administration (FDA) over the company’s “suppression of psychedelics” and a laundry checklist of different points that he stated amounted to a “war on public health” that may finish below the Trump administration.
Meanwhile, a prime U.S. Department of Veterans Affairs (VA) official lately stated it’s “very encouraging” that Kennedy supports psychedelics reform—and he hopes to work with him on the problem if he stays on for the subsequent administration.
Not everybody shares VA Under Secretary for Health Shereef Elnahal’s enthusiasm for Kennedy because the potential HHS secretary, nevertheless. Author Michael Pollan, for instance, stated that Trump’s decide may prove “very dangerous” to the psychedelics movement—regardless that he’s a supporter of reform.
He stated the possible nominee may pursue federal reform in a manner that delegitimizes the science behind substances resembling psilocybin.
By distinction, Rick Perry—a former governor of Texas who additionally served within the first Trump administration—lately stated the president-elect’s selections for key well being coverage positions, together with Kennedy, are a “great gift” for the psychedelics reform movement, notably because it considerations entry to ibogaine as a therapy possibility for critical psychological well being circumstances.
Read the complete questions and solutions between the senators and Kennedy on marijuana coverage under:
Warren
Question 156: As a presidential candidate, you stated that if elected you’ll legalize marijuana and use the tax income to fund applications for individuals searching for therapy pertaining to make use of of managed substances. Section 6 of the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act has a provision that may require the Secretary of HHS to make grant cash accessible for substance use dysfunction. In the Senate, I’m a cosponsor of the Cannabis Administration and Opportunity Act (CAOA), which would supply lots of of tens of millions of {dollars} for substance use dysfunction therapy applications. Do you help the MORE Act and the CAOA?
Response: The enactment of laws is the prerogative of Congress. I’ve not carried out a deep research of all of the provisions of the referenced proposed laws; that stated, I’m a staunch supporter of entry to substance use dysfunction therapy.
Question 157: Implicit in your place that marijuana must be legalized is that it must be faraway from the federal Controlled Substances Act (CSA). There is presently a proposed rule to maneuver marijuana from Schedule I to Schedule III of the CSA. While there are some advantages to shifting marijuana away from its present placement in Schedule I to the much less restrictive Schedule III, it would nonetheless stay federally unlawful even when the proposed rule is finalized. In August 2023, HHS Secretary Xavier Becerra introduced that the company discovered marijuana had accepted medical use and a low potential for abuse, and as such was recommending marijuana be rescheduled to Schedule III.
A. Please clarify your place on marijuana’s scheduling below the CSA. Do you agree with the 2023 HHS evaluation that marijuana has presently accepted medical makes use of? Do you imagine hashish must be regulated below the CSA in any respect?
Response: As defined in my earlier response, if an evaluation backed by sturdy proof concludes that marijuana has accepted medical makes use of, I’ve no cause to query that evaluation. CSA scheduling is a prerogative of the DEA, and I defer to that company within the train of its authorities.
B. Do you decide to working with the DOJ and DEA to swiftly resume proceedings on the scheduling of marijuana (that are presently paused)?
Response: I defer to the DOJ and DEA on the allocation of their assets and the event of their priorities. Consistent with all relevant legal guidelines, I’ll be certain that HHS’s experience is out there to help these businesses as wanted.
C. In future drug evaluations, do you intend to proceed use of the brand new two-part check that HHS used to point out that marijuana has a presently accepted medical use?
Response: It is unattainable to invest on hypothetical future evaluations with out full context. Ultimately, HHS will apply requirements below the CSA that adjust to overarching authorized obligations for reasoned decisionmaking by businesses.
Question 158: Will you help insurance policies that defend federal staff in states with authorized, regulated hashish marketplaces from penalties or antagonistic skilled penalties for utilizing hashish?
Response: If confirmed, my focus will likely be on HHS’ train of HHS’ authorities. I defer to OPM for insurance policies round federal personnel.
Question 159: Will you help insurance policies that outcome within the launch of people who’re incarcerated for hashish offenses, given the damaging public well being impacts of incarceration and the rising public understanding that hashish offenses shouldn’t lead to incarceration?
Response: I defer to the Department of Justice and state and native authorities for the enforcement of felony justice.
Wyden
During President Joe Biden’s administration, the Drug Enforcement Administration (DEA) below the Department of Justice adopted the management of 39 states in reviewing the suitable authorized classification of marijuana. The Food and Drug Administration below the Department of Health and Human Services carried out a strong and science-based assessment, formally recommending hashish be rescheduled from from Schedule I of the Controlled Substances Act (CSA) to Schedule III, which might doubtlessly improve analysis into hashish however wouldn’t legalize or regulate hashish merchandise, together with medical and adult-use marijuana. The FDA assessment acknowledged that hashish 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 hashish has some medical and/or therapeutic use?
Question 102. Do you imagine that the CSA’s Schedule III classification for hashish is most applicable, or is there one other classification below the CSA higher suited to use to hashish?
Question 103. Do you decide to defending the science-based function of FDA in any future rescheduling or descheduling course of initiated by the Trump administration?
Response to Questions 101-103: If confirmed, I stay up for reviewing the reasoning behind the FDA’s conclusion and following the legislation.
You have beforehand expressed help for decriminalizing hashish on the federal degree. In the 2018 Farm Bill (P.L. 115-334), Congress created the legally distinct class of “Hemp,” eradicating hashish crops with sure traits from the Controlled Substances Act. This class consists of merchandise like cannabidiol (CBD), topical, oral and inhalable hashish merchandise, and animal merchandise as properly. Members of Donald Trump’s administration, together with Trump himself, have at occasions supported authorized hemp merchandise, and at occasions threatened to ban all such merchandise, and a few in Congress help banning all hemp merchandise. As Secretary, you’ll oversee the Food and Drug Administration (FDA), which has some authority to control these merchandise, and the tens of millions of Americans who profit from utilizing hemp merchandise will look to you for constant management on the regulation of those merchandise.
Question 104. Under present legislation, there isn’t a federal customary for transparency in manufacturing, processing, labeling or packaging of hemp merchandise, that means shoppers could lack dependable details about the contents and efficiency of those merchandise. Do you imagine that FDA can enhance regulation of hemp and hemp-derived merchandise to make sure they’re safely manufactured, examined for pesticides, heavy metals and different adulterants, precisely labeled, and saved out of the fingers of children?
Question 105. Do you imagine that the FDA has the mandatory authority below present legislation to successfully regulate hemp and hemp-derived merchandise? If not, do you imagine that further statutory authority is critical for FDA to adequately guarantee shopper security concerning these merchandise?
Question 106. Do you imagine {that a} new product class for hemp merchandise can be mandatory or useful for FDA’s regulation of such merchandise?
Question 107. Will you decide to working with Congress to make sure that hemp and hemp-derived merchandise stay accessible for grownup customers, whereas additionally making certain that they’re safely manufactured, examined for pesticides, heavy metals and different adulterants, precisely labeled, and saved out of the fingers of children?
Response to Questions 104-107: If confirmed, I stay up for following the legislation. In addition, I stay up for working with Congress, related stakeholders, medical consultants, and the affected person group to make sure that each protected and efficient therapy is made accessible for sufferers, in line with federal legislation.
Welch
During the 2024 marketing campaign, President Trump said 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 course of after the Department of Health and Human Services and Food and Drug Administration decided marijuana has “currently accepted medical uses.” It has proposed shifting marijuana to Schedule III of the Controlled Substances Act.
Question 1: Do you agree with HHS’s evaluation that marijuana has “currently accepted medical uses?”
Response: As defined in my earlier response, if an evaluation backed by sturdy proof concludes that marijuana has accepted medical makes use of, I’ve no cause to query that evaluation.
Question 2: Do you help putting marijuana on Schedule III?
Response: I want to assessment the info and focus on the coverage with stakeholders.
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Image component courtesy of Gage Skidmore.