DEA Keeps Cannabis Reclassification Pending Despite Trump's Executive Order

The Drug Enforcement Administration (DEA) reported on Monday that the appeal process regarding the reclassification of cannabis "remains pending." The statement contradicts the expectation of speed generated by the recent executive order from President Donald Trump. 

Although the presidential directive instructed the completion of the review "as quickly as possible," the agency has yet to establish a timeline, indicates Marijuana Moment.

In a report in conjunction with reform advocates, the DEA reiterated that the interlocutory appeal remains undefined. The document cites allegations of bias and improper communications during the review process. 

"So far, the interlocutory appeal of the applicants to the Administrator regarding their Motion for Reconsideration remains pending," the agency stated.

The official text also adds that "no timeline for the submission of briefs has been established." This is the fourth status report with practically identical language presented by the parties involved. 

The stagnation in the reclassification of cannabis occurs nearly a year after the appeal was accepted by a former administrative law judge.

This stance signals a new delay and contrasts with previous statements from the agency's leadership. DEA Administrator Terrance Cole had stated in a Senate hearing that examining the proposal would be "one of my top priorities."

Cannabis Reclassification and Political Pressure

The DEA's delay comes weeks after Trump signed the executive order urging Attorney General Pam Bondi to finalize the transfer of the plant to Schedule III of the Controlled Substances Act (CSA). While the administration seeks to expedite the reclassification of cannabis, political opposition is mobilizing.

One of the main prohibitionist groups hired Bill Barr, former Attorney General, to lead a lawsuit aimed at reversing the measure. Additionally, the Congressional Research Service (CRS) recently noted that the Department of Justice could, in theory, refuse to implement it. 

The agency also warned of the possibility of restarting the entire review process.

Expert Analysis on the Change

The potential change to Schedule III would not mean federal legalization, but it would drastically alter the regulatory landscape. According to an article by professors Dr. Priscila Gava Mazzola and Dr. Marcelo Polacow Bisson from UNICAMP, the measure "represents the most significant change in U.S. drug policy in over fifty years."

However, the academics emphasize the need for caution regarding public expectations about cannabis reclassification. "It is crucial to understand that reclassification does not legalize cannabis at the federal level. Cannabis will remain a controlled substance," the professors explain.

They detail that the fundamental distinction lies in recognizing the plant as a pharmaceutical product. In this scenario, it could be approved by the FDA and prescribed, differing from the current state models based solely on medical recommendations.

Economic Impacts of Cannabis Reclassification

From an economic standpoint, the change would bring immediate tax relief to the sector in the United States. Mazzola and Bisson point out that eliminating the restriction of the Internal Revenue Code (Section 280E) "could drastically increase the profitability" of companies by allowing the deduction of expenses.

However, experts warn of the risk of market concentration following the reclassification of cannabis. Large pharmaceutical industries could marginalize small producers due to the high approval costs required by the FDA.

"Reclassifying cannabis from Schedule I to Schedule III is a monumental step that formally recognizes the medicinal potential of the plant and opens pathways for scientific research," the experts conclude. They caution, however, that the change "is not a panacea" and requires robust regulation to mitigate public health challenges.

With information from Marijuana Moment