Trump admin may reclassify marijuana: Would that make it legal in the US?
Share and Follow


(NEXSTAR) At the end of last year, it seemed that marijuana could be rescheduled in the U.S. That idea came screeching to a halt when proceedings were put on pause in January.

There were early hopes that the then-incoming Trump administration would get the ball rolling, but that didn’t immediately materialize either. On Monday, however, President Donald Trump confirmed his administration is “looking at” reclassifying marijuana as a less dangerous drug.

“We’re looking at reclassification, and we’ll make a determination over, I’d say, the next few weeks,” Trump said during a press conference, ‘s partner The Hill reported.

Marijuana is a Schedule I drug, but the latest efforts, launched under the Biden administration, would put it as a Schedule III drug. The process of rescheduling marijuana or trying to has historically played out over years and even decades, Paul Armentano, the deputy director for the National Organization for the Reform of Marijuana Laws (NORML), previously told ‘s parent company Nexstar. 

It’s difficult to say how fast efforts could play out now, but Heather Trela, director of operations and fellow at the Rockefeller Institute, told Nexstar in April that they could be fueled by Trump.

“If President Trump made this a priority, I think this would move,” she explained.

If it does happen, it would be the largest DEA policy change in more than 50 years, but you may not notice an immediate impact.

If marijuana is rescheduled, will it become legal nationwide?

The short, immediate answer is no.

As a Schedule I controlled substance, marijuana is considered by the DEA to be it without a “currently accepted medical use” and has a “high potential for abuse.” Heroin and LSD are also Schedule I drugs.

The Department of Health and Human Services recommended in 2023 that marijuana be reclassified as a Schedule III drug. Ketamine and some anabolic steroids are Schedule III substances, which have a “moderate to low potential for physical and psychological dependence.”

Even if marijuana is rescheduled, it would still be a controlled substance that’s subject to federal rules and regulations. More importantly, rescheduling does not decriminalize marijuana or make it legal for recreational use on the federal level.

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 become easier for marijuana research to be conducted.

Companies could see a cut in the federal taxes they pay, too. Currently, businesses involved in “trafficking” in marijuana or any other Schedule I or II drug can’t deduct rent, payroll or various other expenses that other businesses 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. Critics say this would come with strict reporting requirements, something dispensaries may despise and the DEA may not be ready for.

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.

Then there’s the United States’ international treaty obligations, chief among them the 1961 Single Convention on Narcotic Drugs, which requires the criminalization of cannabis. In 2016, during the Obama administration, the DEA cited the U.S.’ international obligations and the findings of a federal court of appeals in Washington in denying a similar request to reschedule marijuana.

Where do state efforts to legalize marijuana stand?

More than three dozen states have legalized some form of medical marijuana already. Nearly half have legalized it for recreational use among adults.

Meanwhile, some states that have already legalized marijuana have seen efforts to roll back voter-approved laws or repeal them. That includes Ohio, where some have been trying to rewrite the recreational marijuana law voters approved two years ago. 

!function(){“use strict”;window.addEventListener(“message”,function(a){if(void 0!==a.data[“datawrapper-height”]){var e=document.querySelectorAll(“iframe”);for(var t in a.data[“datawrapper-height”])for(var r,i=0;r=e[i];i++)if(r.contentWindow===a.source){var d=a.data[“datawrapper-height”][t]+”px”;r.style.height=d}}})}();

Other states have made adjustments to aspects of the law, like lowering legal potency levels, Trela said. In some cases, like Virginia, lawmakers have been unable to pass a sales bill, so while possessing cannabis is legal, there is nowhere in the state to legally purchase it.

The federal government could, however, turn over the decision of legalization to the states, as it did during prohibition.

A bill introduced in the House earlier this year could do just that. The bipartisan STATES 2.0 Act would “end the federal prohibition of cannabis and allow states to determine their own cannabis policies.” It has been referred to the House Committee on Energy and Commerce.

The Associated Press contributed to this report.

Share and Follow
You May Also Like
Former TV anchor accused of stabbing 80-year-old mother to death, telling police she did it to 'save herself'

Ex-TV Anchor’s Murder Case Stalled: Court Finds Her Mentally Unfit to Stand Trial

The legal proceedings against a former TV news anchor, accused of murdering…
Kiefer Sutherland's silent decline - insiders reveal what's going on

Kiefer Sutherland’s Quiet Struggles: Insider Insights into the Actor’s Recent Challenges

Kiefer Sutherland recently found himself in a whimsical role, donning blue eyeshadow…
Autopsy of congressman's alleged mistress who set herself on fire

Tragic Allegations: Autopsy Underway for Congressman’s Alleged Mistress in Shocking Self-Immolation Case

The tragic demise of a woman, rumored to be involved with a…
Fury as NFL releases all-Spanish teaser for Bad Bunny's halftime show

Outrage Ignites as NFL Drops All-Spanish Teaser for Bad Bunny’s Halftime Spectacle

Football enthusiasts have expressed their discontent following the NFL’s unveiling of a…
Virginia nanny’s jailhouse letters reveal conflicting loyalties in love triangle murder trial

Virginia Nanny’s Shocking Tale: Dentist Murder Charges and Barry Morphew’s Plea Featured in Fox News True Crime Newsletter

Brendan Banfield observed the proceedings at his double murder trial held in…
Australia vows to strengthen hate speech laws, gun control in wake of Bondi Beach attack

Australia Enforces Groundbreaking Social Media Ban, Protects 4.7 Million Kids in First Month

In a groundbreaking move, Australia has seen social media platforms deactivate millions…
Ohio dentist slayings suspect indicted on more aggravated murder, burglary charges

Ohio Dentist Murder Case: Suspect Faces New Charges for Aggravated Murder and Burglary

A grand jury in Franklin County has formally charged Michael McKee with…
Federal judge restricts ICE agents amid ongoing Minneapolis area protests

Federal Judge Limits ICE Authority During Minneapolis Protests

In a significant decision on Friday, a judge in Minnesota issued a…