The Department of Justice (DOJ) under the Trump administration has withdrawn a significant number of proposed regulatory actions, including several related to cannabis and hemp. This move, part of a broader deregulatory initiative, impacts rules aimed at expanding marijuana research and managing hemp analytic testing. The cancellations, detailed in a notice set for publication in the Federal Register, signal a shift away from proposed federal advancements in cannabis policy during the latter part of the administration.
The federal government’s stance on cannabis during the Trump presidency was complex and often contradictory. While candidate Trump expressed a view that marijuana legalization should be a state issue, his administration, particularly through Attorney General Jeff Sessions, initially upheld strict federal prohibition. This included rescinding the Obama-era Cole Memorandum, which had provided guidance to federal prosecutors regarding state-legal marijuana operations, thereby creating uncertainty for businesses and states. However, Trump also signed the 2018 Farm Bill, which federally descheduled hemp products.
Key Policy Reversals and Context
The recent withdrawals by the DOJ encompass 54 regulatory actions, with specific attention drawn to those concerning cannabis. One such withdrawal pertains to a proposed rule intended to implement the Medical Marijuana and Cannabidiol Research Expansion Act. This bipartisan law, passed and signed into law in late 2022, aimed to streamline the process for researching cannabis for medical purposes. The cancellation of this rule raises questions about the administration’s commitment to facilitating such research.
Another withdrawn rule concerned “Analytical Labs and Hemp,” which proposed waiving registration requirements for labs analyzing hemp samples. This rule shares a Regulation Identifier Number (RIN) with discussions surrounding the potential rescheduling of marijuana from Schedule I to Schedule III of the Controlled Substances Act. The Trump administration had previously signaled interest in rescheduling, with Trump himself suggesting a decision was imminent. However, officials clarified that the withdrawal of the hemp lab rule does not affect the ongoing rescheduling process.
The broader context of the Trump administration’s cannabis policy was marked by conflicting signals. Despite campaign promises and later statements indicating openness to state-level legalization and medical research, the administration’s actions, such as the rescission of the Cole Memo, often suggested a more conservative approach. For instance, in 2018, Trump assured Senator Cory Gardner that the federal government would not interfere with Colorado’s legal marijuana industry, even after the Cole Memo’s rescission, and promised support for states’ rights legislation.
Implications for Research and Industry
These regulatory cancellations could have significant implications for the burgeoning cannabis industry and scientific research. Easing restrictions on marijuana research has been a key demand from the scientific community, which argues that Schedule I classification severely impedes studies into its potential medical benefits. The withdrawal of rules intended to facilitate this research could further delay scientific progress.
Furthermore, the mixed signals and policy shifts under the Trump administration created an environment of uncertainty for cannabis businesses operating in legal state markets. While some actions, like the signing of the 2018 Farm Bill, provided relief for the hemp sector, other policy decisions, such as the rescission of the Cole Memorandum, injected considerable risk.
The ongoing debate surrounding marijuana rescheduling highlights the complex political and scientific landscape. While many states have embraced cannabis legalization in some form, federal policy has remained largely prohibitive, creating a persistent tension. The Trump administration’s actions, including these recent rule withdrawals, underscore the intricate and often unpredictable nature of federal cannabis policy, impacting everything from scientific inquiry to the lifestyle and economic aspects of the trending cannabis market. The political landscape remains dynamic, with different factions within Congress and the administration holding varied views on the future of cannabis reform.
In conclusion, the Trump DOJ’s withdrawal of pending cannabis and hemp rules represents a notable, albeit complex, development in federal drug policy. While ostensibly part of a deregulatory agenda, these cancellations have raised concerns among researchers and industry stakeholders about the future of cannabis policy, particularly concerning research expansion and the broader implications for a rapidly evolving cannabis lifestyle. The ultimate impact will depend on future administrative actions and legislative developments in this trending news area.
