President Donald Trump previously announced his intention to make a decision regarding potential changes to marijuana regulation, specifically the possibility of rescheduling marijuana under the Controlled Substances Act (CSA) from Schedule I to Schedule III. This renewed focus follows the submission of a proposed regulation for this change in May 2024 by the Department of Justice (DOJ) under the Biden Administration. However, since President Trump's announcement, the debate on rescheduling has continued, particularly over the past few weeks.
On August 28, nine Republican members of Congress sent a letter to U.S. Attorney General Pam Bondi opposing rescheduling cannabis under the Controlled Substances Act (CSA). In the letter, U.S. Reps. Pete Sessions (R-TX), Andy Harris (R-MD), Robert Aderholt (R-AL), Chip Roy (R-TX), Paul Gosar (R-AZ), Blake Moore (R-UT), Gary Palmer (R-AL), David Rouzer (R-NC), and Mary Miller (R-IL) said the move would deliver a multi-billion-dollar tax break to multistate cannabis companies and Chinese Communist Party-connected cartels. Additionally, the letter cites concerns marijuana does not have any accepted medical use, the high potential for abuse by consumers of marijuana, and harm to America's children who are exposed to marijuana.
In contrast to the letter from Republican members of Congress opposing rescheduling, the Drug Policy Alliance, (DPA) is urging its members and supporters to send a clear message to President Trump: "Don't merely reschedule marijuana but fully legalize it instead." DPA has started a petition which the group intends to deliver to President Trump in the coming weeks to encourage the rescheduling marijuana from Schedule I to Schedule III. Rescheduling would validate marijuana as having an accepted medical use and may ease tax burdens (i.e.,280E). However, marijuana itself would remain criminalized under federal law and people could still be prosecuted and punished in connection with manufacture, possession or distribution of marijuana. DPA continues to urge marijuana be completely de-scheduled from the CSA, the creation of equity-centered policies for people with prior cannabis convictions, and the establishment of a regulatory framework for marijuana to promote public health and reinvesting tax revenue from cannabis sales to support communities most impacted by prohibition.
Ben Carson, President Trump's former Secretary of Housing and Urban Development, also recently weighed in on the rescheduling debate. In a recent op-ed for Fox News, Carson noted marijuana policy should proceed with caution and allow sound evidence to guide the debate. Carson also opined on the recent spike in crime rates in the US and concluded the spikes could be at least partially attributed to the prevalent use of marijuana in urban centers. Carson urged the President to take caution when considering how to handle marijuana and stressed the negative health and societal impacts associated with the liberalization of drug policies. Carson concluded by suggesting thoughtful responsible leadership by President Trump with respect to marijuana should guide the course and not experimenting with policies that fuel more crime and suffering.
In another recent op-ed piece in Marijuana Moment, Roger Stone, a long-time advisor to President Trump makes the case President Trump should reschedule marijuana. As Stone noted "rescheduling cannabis is not the end game, but it is the critical next step....and more than signal a new direction—it would unlock immediate, measurable relief for patients, entrepreneurs and state programs." Stone notes rescheduling would allow businesses access to more banking opportunities, relieve the 280E burden, and increase research capabilities from academia and pharmaceutical companies. Finally, Stone believes the American people should have access to marijuana, as do the overwhelming majority of Americans. Per Stone, if Trump is able to reschedule marijuana "he will be correcting one of the greatest disconnects in American political life. He will be bringing Washington in line with the American people."
President Trump's former press secretary Sean Spicer hosted Roger Stone on "The Spicer Show" this past Tuesday and broadcast their contrasting views on the prospect of the Trump administration moving forward on marijuana rescheduling. Stone indicated he thought President Trump would make good on his campaign promise to reschedule marijuana. In contrast, Spicer is not convinced President Trump is going to reschedule marijuana and argued "the president has been "very clear" about his personal philosophy: "No drugs, no alcohol, no smoking, no tattoos." Spicer indicated he found marijuana use to be "disgusting, and I don't know why we'd want to decriminalize it, never mind why Donald Trump would want to do it." Stone continued to elaborate on why marijuana should be rescheduled, the benefits of rescheduling as set out in the previously mentioned op-ed piece, and that [i]t's time to bring the state law and the federal law into sync."
Additionally, in an interview published on September 3, Rep. Brian Mast (R-FL), co-chair of the Congressional Cannabis Caucus, stated "he's confident we'll "see movement" on marijuana reform since the president's announcement late last month that a decision was imminent." Effectively, Rep. Mast indicated since the President has indicated he wants to reschedule marijuana that it will happen. Rep. Mast also noted President Trump's former advisor, Kellyanne Conway has been "the "biggest champion" of marijuana rescheduling within the president's "inner-circle". Likewise, Rep. Mast noted with regarding to marijuana rescheduling, Ms. Conway has been advancing forward with the Trump administration. However, as noted in the article, it is unclear whether Ms. Conway is advising the President on behalf of a company or organization, or in her personal capacity. Further, Rep. Mast indicated the Congressional Cannabis Caucus has been meeting to discuss legislative issues regarding marijuana and believes President Trump's call for marijuana reform should serve as "wake up" call to the Congress.
Further, in another move by Congress in the marijuana sphere, the House Appropriations Committee passed the Financial Services and General Government Appropriations bill out of committee which include provisions pertaining to marijuana. However, this legislation has not been signed into law. The bill in its current form focuses on the explosive growth of the cannabis market in the United States. Currently, over 20 States and territories permit the use of adult use cannabis, while over 35 States and territories permit the use of cannabis for medicinal purposes. This has resulted in a patchwork quilt of state regulations governing the manufacture, marketing and sale of cannabis products. The legislation directs the Alcohol and Tobacco Tax and Trade Bureau (TTB) and other agencies with "relevant regulatory expertise" to "coordinate an assessment of the adequacy of State marijuana regulatory frameworks, including commonalities and novel approaches to enforcement and oversight." Per the bill, the relevant agencies are directed to formulate an assessment which includes "recommendations to improve data sharing and coordination between State and Federal authorities" and then brief the committee on the findings within one year of enactment.
Likewise, Rep. Dina Titus (D-NV), co-chair of the Congressional Cannabis Caucus, says "Congress is at a "crossroads" over marijuana reform, with ongoing uncertainty over where President Donald Trump will land on a rescheduling proposal that's currently at a "standstill" before his administration." Rep. Titus also indicated that marijuana reform is no longer a "fringe issue" but that the appetite for reform remained mixed in Congress. Most legislation regarding marijuana has been introduced by Democrats in Congress and is "not moving very fast." Rep. Titus emphasized the states are far ahead of the federal government as pertains to marijuana regulation. Rep. Titus noted as more states legalize recreational and medical marijuana, there is "increasing pressure on members of Congress to get something done at that level" particularly in light of the amount of legislation having been introduced and the discussions taking place on Capitol Hill,
At a September 9 hearing convened by the House Appropriations Committee, the Republican-controlled Committee advanced a federal funding package—the fiscal year 2026 Commerce, Justice, Science (CJS) and Related Agencies appropriations bill—via a 34-28 vote on Sept. 10. The legislation would prohibit the Department of Justice from utilizing any federal funds to re-schedule cannabis from Schedule I to Schedule III under the Controlled Substances Act. The specific language in the bills indicates "None of the funds appropriated or otherwise made available by this Act may be used to reschedule marijuana ... or to remove marijuana from the schedules established under section 202 of the Controlled Substances Act (21 U.S.C. 812)". As noted in Cannabis Business Times, the legislation would reserve rescheduling rights to the legislative branch, and it remains to be determined how the Trump Administration will react to the new legislation. Particularly since the President advised reports on August 11 that he was "looking at a cannabis rescheduling proposal initiated under President Biden and that matter would be resolved "over the next few weeks"
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