Trump’s promise, the new DEA chief, and early signals

Trump’s promise & public statements

During his campaign and since returning to office, Trump publicly stated that he would consider rescheduling cannabis to Schedule III. In a White House press conference on August 11, 2025, Trump said the administration was “looking at that” (rescheduling) and promised a decision “over the next few weeks.” READ MORE: Cannabis Business Times He has repeatedly alluded to wanting to “unlock the medical uses of marijuana” while maintaining regulatory controls. Some in his inner circle—including long-time allies like Roger Stone—are vocally pushing for a more aggressive path, even descheduling entirely over time. READ MORE: BIPC

But rhetoric and policy are different things—and so far, the signals are mixed.

Terrance (Terry) Cole: the new DEA Administrator

On July 24, 2025, Terrance C. Cole was sworn in as the 12th Administrator of the DEA under President Trump. He previously served in various DEA roles and also as Virginia’s Secretary of Public Safety.

During his Senate confirmation hearings, Cole stated that examining the pending cannabis rescheduling proposal would be “one of my first priorities” if confirmed. READ MORE: Marijuana Moment That gave industry and reform advocates reason for cautious optimism. READ MORE: MJBizDaily

However, once in office, Cole’s public statements have been more circumspect. Importantly:

  • He has not included cannabis rescheduling in his official set of strategic priorities for the agency, which was seen by many observers as a red flag.
  • Cole has declined to commit publicly to a particular outcome (i.e., reschedule to Schedule III, II, or deschedule).
  • Procedural obstacles remain: the DEA’s Administrative Law Judge (ALJ), John J. Mulrooney, had been overseeing the hearing process and in August 2025 completed retirement, leaving the rescheduling process in transition.
  • Meanwhile, the industry and reform groups are urging Cole to act quickly and transparently, especially given the backlog and past delays.

So Cole, more than a symbolic figure, could make or break whether Trump’s rescheduling promise becomes real—or remains a political talking point.

Where things stand now (August 2025)

As of August 2025, the rescheduling effort is in limbo, with key pieces moving slowly or stalled. Here’s a snapshot:

NPRM & procedural delay

  • The DEA’s NPRM to reschedule marijuana to Schedule III remains on the books, but its implementation was formally delayed or stayed due to procedural objections and challenges from multiple parties.
  • Some pro-reform parties requested permission to file interlocutory appeals challenging whether certain DEA officials improperly influenced the selection of witnesses in favor of anti-rescheduling positions. The judge granted a delay.
  • The retirement of ALJ Mulrooney forces a handoff; Cole must now decide who leads hearings or how to restart/refocus the process.

Congress pushing opposition & fallback bills

  • Some Republican lawmakers—concerned about executive overreach—are actively pushing to block the administration’s power to unilaterally reschedule cannabis. For example, the House has advanced language in spending bills that would prohibit DOJ/DEA from using funds for rescheduling.
  • In parallel, Rep. Greg Steube (R-FL) reintroduced the Marijuana 1-to-3 Act (H.R. 11, 2025), a legislative approach forcing cannabis to shift from Schedule I to Schedule III within 60 days of enactment. READ MORE: FDA Law Blog . This provides a backup path if administrative routes stall.
  • This competing legislative pressure, both pro and anti, constrains what Cole and DOJ may do—Congress can restrict funding or create legal countermeasures. READ MORE: National Law Review

Public statements & timing expectations

  • On August 11, 2025, Trump reaffirmed that the rescheduling decision was imminent—“over the next few weeks.” -Cannabis Business Times
  • Observers interpret this as political pressure being applied to force a decision before year’s end. READ MORE: JD Supra
  • Some analysts caution that even if rescheduling is ordered, it could be limited in scope (e.g., for medical cannabis only, or with certain regulatory restrictions) or face legal challenges from anti-drug groups.
  • Others note speculation that Trump and Cole might consider moving cannabis to Schedule II instead of III, though that would yield far fewer benefits (e.g., Section 280E tax relief would remain in place). READ MORE: Independent Voter News

In short: the ingredients of rescheduling are there, but uncertainty and roadblocks abound.

The implications: what’s at stake if rescheduling happens—or doesn’t

Potential benefits of rescheduling to Schedule III

If cannabis is successfully reclassified to Schedule III:

  • Tax relief for cannabis businesses: Under Schedule III, Section 280E (which prohibits ordinary business expense deductions) would no longer apply the same way, allowing legal operators to deduct operating costs and become more competitive. READ MORE: BIPC
  • Easier research and FDA oversight: Researchers and medical institutions would have fewer barriers to study cannabis, potentially leading to new pharmaceutical applications.
  • Regulatory normalization: Cannabis would be treated more like other controlled drugs, subject to prescription rules, registration, recordkeeping, and oversight under DEA/CSA.
  • Criminal justice impacts: Some federal prosecutions for low-level possession might decline; the symbolic shift could affect enforcement priorities. READ MORE: Morningstar

Risks, limits, and pitfalls

  • Partial or symbolic change: Rescheduling doesn’t equal legalization. It doesn’t remove federal prohibition in full; cannabis would still be controlled, regulated, and subject to criminal laws.
  • Regulatory complexity and cost: Businesses would need to register with DEA, comply with stricter security, tracking, and oversight rules. Implementation could be burdensome.
  • Legal pushback: Opponents could challenge any administrative reclassification in court, arguing procedural flaws, overreach, or statutory limits.
  • Congressary interference: As seen, Congress may curtail DOJ’s authority to reschedule through riders or appropriation restrictions. READ MORE: Cannabis Business Times
  • Political risk: A move too bold or perceived as lax could provoke backlash from anti-cannabis constituencies, complicating future reforms.

Outlook & possible scenarios for late 2025

Given all the levers, here are several plausible paths:

  1. Trump orders rescheduling as promised
    • Cole is directed to issue a final rule moving cannabis to Schedule III (or possibly II).
    • This may happen in late 2025, as Trump has publicly suggested.
    • Legal and regulatory implementation begins; industry ramps up to meet new compliance demands.
  2. Partial or constrained rescheduling
    • The administration might limit reclassification to medical cannabis only, or include provisos and restrictions that dampen business relief.
    • That could invite criticism from reformers but appease moderates or opposition voices.
  3. Rescheduling stalls or is blocked
    • Procedural delays, legal challenges, or congressional restrictions (like riders blocking DOJ funding for rescheduling) could halt the process.
    • Cole may delay actions or de-prioritize rescheduling, despite public expectations. Note: his omission of rescheduling from initial priorities is an early warning.
    • This results in reform fatigue, broken promises, and frustration among cannabis industry stakeholders.
  4. Compromise legislation from Congress
    • Instead of administrative action, Congress may pass a standalone bill (like the Marijuana 1-to-3 Act) to force rescheduling.
    • That avoids administrative obstacles but faces its own challenges (committee logjams, presidential veto risk).
  5. Gradual approach with regulatory layering
    • The administration might roll out phased rules, giving businesses and agencies time to adapt.
    • It may allow for early research exemptions, pilot programs, or carve-outs before full rescheduling takes hold.

In Summary

As of August 2025, Trump’s promise to reschedule cannabis remains unfulfilled—but very much alive. The appointment of Terrance Cole as DEA Administrator raised hopes among reform advocates, particularly given his comment that rescheduling would be among his first priorities. Yet, his subsequent discretion, procedural uncertainties, and a lack of explicit priority in agency planning temper excitement.

The infrastructure supporting rescheduling is in place: HHS’s recommendation, the DEA’s NPRM, congressional momentum, and substantial industry pressure. But politics and procedure are equally powerful. Congress is actively seeking to restrain executive flexibility, procedural delays loom, and Cole’s own posture will shape the outcome.

Whether rescheduling happens in late 2025—or remains a well-promised but deferred reform—depends on how aggressively the administration and Congress choose to push forward (or block) the change. For cannabis stakeholders, researchers, and consumers, the next few months could be pivotal.