President Trump Names Will Scharf White House Counsel as Federal Marijuana Rescheduling Enters Critical Stage
- President Trump has appointed Will Scharf as the next White House counsel, effective September 1, succeeding David Warrington, with Scharf playing a key role in the administration's marijuana rescheduling efforts and federal cannabis policies.
- Scharf will act as the president’s chief legal adviser and primary liaison with the Department of Justice during critical final stages of the DEA’s process to reschedule marijuana from Schedule I to Schedule III under the Controlled Substances Act.
- Having been White House staff secretary, Scharf was closely involved in the coordination and clearance of presidential actions, including Trump's December executive order accelerating marijuana rescheduling, though his personal stance on cannabis reform is not publicly known.
- In addition to marijuana rescheduling, Scharf’s new role may influence unresolved hemp and cannabidiol policy developments, given the White House counsel’s responsibility for legislation review and legal policy advice related to federal cannabinoid regulations.
President Trump has selected Will Scharf to serve as the next White House counsel, placing one of his closest legal advisers in a position that could have significant relevance to the administration’s ongoing marijuana rescheduling effort and other federal cannabis policies.
Scharf, currently the White House staff secretary, will replace David Warrington beginning September 1. White House Chief of Staff Susie Wiles announced the change Sunday, congratulating Scharf as he prepares to “take the helm as White House Counsel.”
The timing is particularly noteworthy for marijuana policy.
The White House counsel serves as the president’s top in-house legal adviser and, importantly, is the primary White House contact for the Department of Justice. The office advises on legal and policy questions involving the presidency, reviews legislation, handles presidential pardons and helps manage litigation involving the administration.
That will put Scharf in a potentially influential position as the Justice Department and Drug Enforcement Administration move toward a final decision on broadly shifting marijuana from Schedule I to Schedule III of the Controlled Substances Act.
DEA completed an 11-day administrative hearing on the proposed change on July 15. Participating parties have until August 17 to submit post-hearing briefs, after which Administrative Law Judge Derek Julius is expected to issue a recommendation. The DEA administrator will ultimately determine whether to issue a final rule.
Scharf will therefore become White House counsel approximately two weeks after the final briefs are due, potentially placing him in the position as the administration’s primary White House legal liaison with DOJ while the rescheduling process moves through its final administrative stages.
It also will not be Scharf’s first proximity to the administration’s marijuana policy.
As White House staff secretary, Scharf has been responsible for managing documents that reach Trump’s desk and has routinely stood alongside the president during executive order signings, often explaining the actions Trump is signing.
Scharf held that position on December 18 when Trump signed Executive Order 14370, directing the attorney general to take all necessary steps to complete the marijuana Schedule III rulemaking “in the most expeditious manner” allowed under federal law. There is no public evidence indicating Scharf personally drafted or advocated for the marijuana order, but his position placed him within the White House process responsible for coordinating and clearing presidential actions.
In April, then-Acting Attorney General Todd Blanche issued an order immediately placing marijuana products approved by the Food and Drug Administration, as well as marijuana products subject to qualifying state medical marijuana licenses, in Schedule III. At the same time, DOJ launched the expedited hearing process considering the broader placement of marijuana in Schedule III.
Blanche, who like Scharf previously served as an attorney for Trump, was confirmed by the Senate as permanent attorney general on Saturday. Scharf’s new position will make him the White House’s principal legal point of contact with the department Blanche now permanently leads.
The administration also has an unresolved hemp and cannabidiol policy agenda that could intersect with Scharf’s new responsibilities.
Trump’s December executive order directs the White House to work with Congress on changes to the federal definition of hemp-derived cannabinoid products, including development of a regulatory framework addressing THC limits per serving and container and CBD-to-THC ratios. Although that assignment was specifically given to the White House deputy chief of staff for legislative, political and public affairs, the White House counsel’s responsibility for reviewing legislation and advising on legal policy could give Scharf a role as those changes are developed.
Scharf previously served as a federal prosecutor and was part of Trump’s personal legal team before joining the administration. He unsuccessfully ran for Missouri attorney general in 2024.
Despite his lengthy legal and political record, including running for statewide office in a state with legal recreational marijuana, there appears to be little public record establishing Scharf’s personal views on marijuana legalization, rescheduling or other cannabis reforms.