Former President Donald Trump said he is considering an executive order to move marijuana to Schedule III, citing research benefits and public demand. The comment signals a fresh political push on federal drug policy ahead of a possible shift in how Washington treats cannabis. It spotlights a long-running conflict between federal law and state markets built over the past decade.
Shifting Policy and Public Opinion
Marijuana remains illegal under federal law as a Schedule I drug, grouped with substances deemed to have no accepted medical use. Dozens of states have legalized medical or adult use. That split has created financial, legal, and public safety tensions.
The Biden administration proposed moving cannabis to Schedule III in 2024, a process that runs through the Department of Health and Human Services and the Drug Enforcement Administration. The rule was not final at the time of Trump’s comment. Trump’s statement suggests he may seek a faster route if elected, or press agencies to act.
Public support for legalization is high. National surveys in recent years have put support near or above 65 percent. Lawmakers in both parties have floated bills to reform banking rules and expunge past offenses, but Congress has not passed broad federal reform.
What Schedule III Would Change
Trump framed the idea as a way to expand research and respond to voters. “Reclassify marijuana as Schedule III,” he said, tying the move to scientific study and public demand.
- Schedule III status recognizes medical use and lower abuse potential than Schedule I.
- Researchers would face fewer barriers to clinical studies.
- Cannabis businesses could deduct ordinary expenses, lifting the tax burden from Section 280E.
Rescheduling would not legalize recreational sales under federal law. It would not, by itself, permit interstate commerce or resolve clashes with states. Criminal penalties would remain for conduct outside state programs.
Legal and Procedural Hurdles
Under the Controlled Substances Act, rescheduling normally follows scientific review by health agencies and a DEA rulemaking. Legal scholars note a president can direct agencies to prioritize or accelerate reviews, but an executive order cannot short-circuit statutory requirements. That suggests any attempt to move cannabis by decree would still require agency action and could face court challenges.
Past administrations have used executive orders to set policy goals and timelines. Courts have scrutinized actions that appear to bypass Congress or ignore required procedures. A move on cannabis would likely draw lawsuits from opponents or states that disagree with the federal approach.
Implications for Health, Industry, and States
Public health researchers argue rescheduling could improve study quality. Easier access to research-grade material and simpler approvals could expand trials on pain, epilepsy, and mental health. They also warn that youth access, product potency, and impaired driving require stronger safeguards.
Industry groups say Schedule III would ease taxes and open doors to investment. Many legal operators pay effective tax rates far higher than other sectors because of 280E. Banks remain cautious due to federal risk, keeping many businesses cash-heavy and vulnerable to theft.
State regulators want clear federal guidance. They seek clarity on shipping, labeling, and enforcement priorities. Without changes to banking and interstate rules, they expect a patchwork to continue.
Support, Skepticism, and What Comes Next
Criminal justice advocates back steps that could reduce arrests and address past harms. They also push for expungement, resentencing, and equity measures that rescheduling does not provide. Some law enforcement leaders prefer a federal framework before wider commercialization, citing concerns about impaired driving and illicit markets.
Trump said he is weighing an order to “reclassify marijuana as Schedule III,” emphasizing research benefits and public pressure for change.
The timing and scope of any action remain unclear. If agencies finalize the current rescheduling proposal, it could narrow the gap between federal and state policies. If not, a new executive directive would still need to run through formal steps.
Trump’s statement places cannabis back on the national agenda. The next phase turns on legal procedure, agency review, and political will. Watch for updates on the federal rulemaking, potential lawsuits, and whether Congress advances banking and expungement bills. The outcome will shape research, taxes, and public health policy for years to come.
