Congressman Cohen Seeks Clarity on Policy Guidance for Rescheduling Marijuana and Scientific Research on Fentanyl
Timelines have lapsed and required administrative procedures are not being followed
WASHINGTON – Congressman Steve Cohen (TN-9), a Co-Chairman of the Congressional Biomedical Research Caucus, today wrote to Attorney General Pam Bondi and U.S. Drug Enforcement Administrator Terrance C. Cole seeking clarity on two drug policy implementation issues: rescheduling marijuana from Schedule I to Schedule III under the Controlled Substances Act and implementing the scientific provisions of the Halt All Lethal Trafficking (HALT) in Fentanyl Act.
In his letter, Congressman Cohen pointed out that President Trump directed the Department of Justice to complete the rulemaking process to reschedule marijuana “in the most expeditious manner” on December 18 of last year but that the position of an Administrative Law Judge required by law to hear the matter is currently vacant. The Congressman also noted that the Assistant Secretary for Health and Scientific Affairs during the Nixon Administration recommended retaining marijuana as a Schedule I drug “until certain studies now underway…resolve this issue.” Those studies, recommending marijuana be removed from Schedule I, were completed in March of 1972 – 54 years ago.
The letter reads in part:
“The studies (the assistant secretary) was referring to were completed and presented to Congress on March 22, 1972, and recommended Marijuana be removed from Schedule I. However, the Nixon Administration did not adopt the findings from the Commission he appointed. It has been more than 50 years since that report. It is my firm belief that Marijuana never belonged on Schedule I. Its inclusion resulted in harsh and disproportionate prison sentences, particularly for communities of color, and has substantially hampered research. You have a historic opportunity to make meaningful progress and implement the wishes of the American people, the President, and the U.S. under the Controlled Substances Act. Rescheduling is widely understood to be in alignment with the best available scientific data and will significantly strengthen scientific and medical research into marijuana.
“Second, I inquire about the DEA’s regulations regarding the Scientific Research provisions in Section 3 of HALT Act. The DEA has missed its statutorily designated deadlines for publishing of proposed rulemaking prescribed in Section 5 of the Act. This section states that the ‘Attorney General shall, not later than 6 months after the date of enactment of this Act, issue rules to implement this Act and the amendments made by this Act.’ The HALT Fentanyl Act was signed into law on July 16, 2025, making the deadline January 16, 2026.
“These provisions were designed to improve access to Schedule I substances by the research community for scientific studies, and not as a legalization measure. As Co-Chair of the Congressional Biomedical Research Caucus, I believe that scientists must be able to expeditiously conduct experiments and not be subject to undue regulatory barriers… Currently, scientists are waiting until the DEA finalizes these rules and cannot access these vital research tools, delaying important research and impacting public health. For example, psilocybin, a Schedule I substance, has shown promise in preclinical and clinical trials as a potential treatment in depression and smoking cessation models, but access for research remains difficult.
“Please let me know when the scientific community can expect to see the notice of proposed rulemaking regarding the research provisions in the HALT Fentanyl Act.”
See the entire letter here.
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