Trump’s Pro-Marijuana Pick for Attorney General Withdraws Name

President-elect Donald Trump’s pick for attorney general removed himself from the ring on Nov. 21.

Former U.S. House Rep. Matt Gaetz, R-Fla., whom Trump chose on Nov. 13 to be the next head of the Justice Department (DOJ), decided to withdraw his name from consideration to serve as attorney general amid doubt about his confirmation.

“I had excellent meetings with senators yesterday,” Gaetz said Thursday on X.  “I appreciate their thoughtful feedback—and the incredible support of so many. While the momentum was strong, it is clear that my confirmation was unfairly becoming a distraction to the critical work of the Trump/Vance transition. There is no time to waste on a needlessly protracted Washington scuffle, thus I’ll be withdrawing my name from consideration to serve as Attorney General. Trump’s DOJ must be in place and ready on Day 1.”

I had excellent meetings with Senators yesterday. I appreciate their thoughtful feedback – and the incredible support of so many. While the momentum was strong, it is clear that my confirmation was unfairly becoming a distraction to the critical work of the Trump/Vance…

— Matt Gaetz (@mattgaetz) November 21, 2024

This marks the first sign of the soon-to-be Republican-controlled Senate’s pushback against a Trump cabinet nomination as Gaetz continues to face scrutiny on Capitol Hill over sexual misconduct allegations.

Despite these allegations, many cannabis industry stakeholders viewed Gaetz’s nomination as a positive one for an industry that’s in the thick of the DOJ’s proposed rule to reclassify the plant from a Schedule I to Schedule III drug under the Controlled Substances Act.

Preliminary proceedings for an administrative law judge hearing to determine the proper schedule for cannabis is scheduled to begin Dec. 2, but testimonies for that hearing are tentatively scheduled for January or February. That means a final rule from the Drug Enforcement Administration (DEA) won’t likely be issued until after Trump’s inauguration.

Although current Attorney General Merrick Garland signed off on the proposed rule to move cannabis to Schedule III, falling in line with the U.S. Department of Health and Human Services’ recommendation, the DEA hasn’t made a final determination as to its views of the appropriate schedule for cannabis.

With the DEA operating under the DOJ umbrella, and with Gaetz taking one of the most pro-cannabis policy positions in Washington, rescheduling advocates had hoped he’d be the one to help push the process across the finish line.

“By tapping him to serve as the nation’s top law enforcement officer, President-elect Trump is signaling his commitment to make good on his campaign promises around cannabis reform,”  David Culver, U.S. Cannabis Council senior vice president for public affairs, said last week when Gaetz when unofficially nominated.

RELATED: Trump’s Pick for Attorney General Promising for Cannabis Policy, Rescheduling

Perhaps most notable to Gaetz’s pro-cannabis political record, he introduced in 2019 the bipartisan Strengthening the Tenth Amendment Through Entrusting States (STATES) Act, which intends to prevent federal interference in state-legal cannabis programs. An updated version of that legislation remains in play this Congress.

Conversely, Jeff Sessions, who served as Trump’s first attorney general from 2017-2018, rescinded an Obama-era policy that had directed the DOJ not to prosecute state-legal cannabis businesses and the banks that serve them. Instead, Sessions ordered his department to enforce the federal laws of the United States.

Trump’s decision to pick Gaetz marked a shift from his first term in the White House, a move that backed his 2024 campaign pledges to support states’ rights to legalize and provide access to tested cannabis products. Trump also indicated in September that, as president, he’d back cannabis banking reform, research for cannabis rescheduling and the decriminalization of small amounts of cannabis for personal adult use.

RELATED: Trump Signals Support for Federal Cannabis Rescheduling, Banking Reform

Now that Gaetz has withdrawn his name for consideration, the position representing the highest legal authority in the executive branch short of the president is now back on the market.

Trump announced Thursday on Truth Social that he appreciated Gaetz’s efforts.

“He was doing very well but, at the same time, did not want to be a distraction for the administration, for which he has much respect,” Trump said. “Matt has a wonderful future, and I look forward to watching all of the great things he will do!”