Executive order pushes for marijuana rescheduling

President Trump signed an executive order to expedite marijuana’s rescheduling from Schedule I to III.

• The bottom line: Rescheduling marijuana would not legalize or decriminalize it. Marijuana would remain a controlled substance that is illegal for most people to possess under federal law. But rescheduling could fuel more research on marijuana and provide tax breaks to marijuana companies, and it has symbolic importance in suggesting marijuana has medical value and is a less dangerous drug.
• But: Despite the order, marijuana rescheduling still must undergo a lengthy process involving DEA and HHS (which the Biden administration began in May 2024 but ever completed). Administration officials declined to specify a timeline for completing the process.

The details: The order…

• Calls on the attorney general to expedite the process of rescheduling marijuana.
• Directs HHS to conduct further research to improve access to products made with CBD. CMS Administrator Oz announced a pilot program that would allow some Medicare beneficiaries to access CBD products at no charge if recommended by a doctor.
• Asks Congress to revisit the law it passed last month to restrict products made from hemp, which prohibited the manufacturing of products containing more than 0.4 mg total THC. It directs administration officials to work with Congress to update that definition “to allow Americans to benefit from access to appropriate full-spectrum CBD products while preserving the Congress’s intent to restrict the sale of products that pose serious health risks.”

The reasoning and reactions:

• At the signing ceremony, Trump emphasized the ways many Americans say marijuana has helped them relieve pain or treat medical conditions. He made clear that public opinion was a major factor in his decision, while also stressing that the order doesn’t legalize marijuana or sanction its use as a recreational drug.
• NIDA Director Volkow struck the most cautious tone at the signing. She expressed optimism that research could help some people benefit from cannabis-derived treatments but noted that the potential effectiveness of marijuana for many medical conditions remains unclear and warned against its dangers, particularly for youth.
• Some warned the move could boost the marijuana industry (and ultimately increase marijuana use) by allowing major tax breaks that were prohibited under Schedule I. Rescheduling would allow marijuana companies to deduct standard business expenses from their tax bills, including advertising. The industry says that could help them more effectively compete with the illicit market.

Read more: Trump signs executive order to ease marijuana restrictions; Trump’s marijuana reclassification could boost research, broaden access; What the reclassification of marijuana would mean for Americans