Trump Administration's Potential Marijuana Reclassification: Path to Nationwide Legalization?

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President Trump has once again brought the topic of marijuana reclassification to the forefront, declaring Monday that his administration is actively “considering” making changes to the drug’s current legal status. This statement aligns with comments he made earlier in August, suggesting that the administration was “looking at reclassification.”

These remarks from Trump arrive shortly after a report from The Washington Post indicated that he might be preparing to issue an executive order. This directive would instruct federal agencies to explore options for changing how marijuana is classified under the Controlled Substances Act.

The potential move has already met with criticism from multiple lawmakers, who have spoken out against the idea of reclassifying marijuana.

As travelers might wonder, this prompts questions such as whether the TSA has the authority to stop individuals for carrying marijuana in their luggage.

The conversation around rescheduling marijuana is not new and actually began under President Biden’s administration. In 2023, the Department of Health and Human Services put forth a recommendation to downgrade marijuana to a Schedule III drug. However, progress on this initiative stalled at the beginning of the year.

While rescheduling marijuana may prove beneficial for the industry in the long run, it would not immediately make recreational use legal on the federal level or decriminalize it. Rescheduling would also not address a number of racial justice issues caused by current laws, advocates and experts previously warned.

Instead, the medical uses of cannabis would be recognized, and federal regulators would acknowledge it has less potential for abuse than some of the nation’s most dangerous drugs. It would also make researching marijuana easier. As Trump noted Monday, reclassifying marijuana could “[lead] to tremendous amounts of research that can’t be done unless you reclassify.”

It could also reduce the amount of federal taxes companies involved in “trafficking” marijuana pay. Businesses that deal with marijuana or other Schedule I (or II) drugs can’t deduct rent, payroll, or some other expenses that others can write off. Industry groups say the tax rate often ends up at 70% or more.

As a Schedule III drug, marijuana would still be regulated by the DEA and the thousands of dispensaries nationwide would have to register with the agency, just as pharmacies do. The immediate effect of rescheduling on the nation’s criminal justice system would also likely be more muted, since federal prosecutions for simple possession have been fairly rare in recent years.

More than 40 states have already legalized marijuana use in some form or another.

Congress could also take action on marijuana legalization. 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.

The Hill’s Nathaniel Weixel and The Associated Press contributed to this report.