Potential Marijuana Legalization in 2026: What Rescheduling Could Mean for the Future

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(NEXSTAR) — In contrast to previous years, 2025 was relatively subdued in terms of state-level marijuana legalization, with the exception of a notable executive order from President Trump. However, recent analyses hint that 2026 might bring more significant changes to the cannabis industry.

Despite the quiet year, there were some noteworthy updates. Texas broadened its medical marijuana program, and Governor Greg Abbott chose not to enforce a complete ban on THC products in the state. Meanwhile, Delaware saw its inaugural sale of recreational marijuana in August, two years after its legalization. Additionally, Kentucky celebrated the opening of its first medical cannabis dispensary.

Looking ahead, Massachusetts is set to permit regulated social consumption of marijuana for adults next year. Alabama is also gearing up to welcome its first dispensaries in 2026, almost five years after legalizing medical marijuana.

There is talk in Florida about making another push to include recreational marijuana on the 2026 ballot, following its rejection by voters in 2024.

Among those who reportedly voted in favor of the measure was President Trump. Then a presidential candidate, Trump said in Oct. 2024 that he would vote yes on the amendment to legalize marijuana in Florida, writing in part on Truth Social that “I believe it is time to end needless arrests and incarcerations of adults for small amounts of marijuana for personal use.”

He went on to say he would work on marijuana reform if elected to a second term.

As of early December, Trump was reportedly considering a plan that would reschedule marijuana to a Schedule III drug on the federal level, a move that has been on the horizon for several years. That came to fruition a week before Christmas when Trump signed an executive order to speed up the rescheduling process.

Roughly two years ago, the Department of Health and Human Services recommended the Drug Enforcement Administration reschedule marijuana. The process stalled, however.

Marijuana is a Schedule I drug alongside heroin, LSD, and ecstasy. Rescheduling to Schedule III would put it in a group with ketamine, testosterone, and Tylenol with codeine.

Rescheduling marijuana would not decriminalize it or make it legal for recreational use nationwide. It would remain a controlled substance, subject to federal rules and regulations.

Instead, the change would recognize the medical uses of cannabis and acknowledge it has less potential for abuse than some of the nation’s most dangerous drugs. Becoming a Schedule III drug would make it easier for research to be done on marijuana and potentially cut the federal taxes that companies pay.

A senior administration official pointed to the research aspect during a press briefing, noting that the order Trump was signing was “focused on increasing medical research for medical marijuana and CBD — cannabidiol.”

Trump further emphasized that the move does not make recreational marijuana legal nationwide.

“Unless a drug is recommended by a doctor for medical reasons, just don’t do it. At the same time, the facts compel the federal government to recognize that marijuana can be legitimate in terms of medical applications when carefully administered,” he said during a press briefing about the executive order.

While Trump’s order calls for the rescheduling process to be expedited, an exact timeline for when marijuana could become a Schedule III drug is unclear.

Meanwhile, the hemp industry could be in for a big blow in 2026.

As part of the budget bill signed in November, a federal loophole that the hemp-derived products industry had benefited from for years was closed. According to the bill’s text, companies would be prevented from having products with a concentration of THC greater than 0.3% and products derived from CBD, like delta-8, would be prohibited.

While some believe this could entirely upend the industry, others say it could keep unregulated marijuana products from being sold in the U.S. The provision does not take effect until November 2026.

More than three dozen states have legalized marijuana use in some form or another. In many cases, that includes products containing low levels of THC and/or CBD.

There’s also a chance that Congress formally makes the legalization of marijuana a state-level issue.

A bill introduced in the House earlier this year, the bipartisan STATES 2.0 Act, would “end the federal prohibition of cannabis and allow states to determine their own cannabis policies.” It was referred to the House Committee on Energy and Commerce in April.

Nexstar’s Alix Martichoux contributed to this report.

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Potential Marijuana Legalization in 2026: What Rescheduling Could Mean for the Future

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