Former President Trump has indicated he may support efforts to reschedule marijuana, aligning this potential change with a broader conversation around drug policy.
Recently, Trump mentioned to donors that he’s contemplating the rescheduling of cannabis, stating that a decision could come “in the coming weeks.” This follows the Biden administration’s unfinished attempt to reclassify marijuana from Schedule I to a lower Schedule III, a change that would have minimal impact on criminal justice reform.
Before Trump assumed office, a judge from the Drug Enforcement Administration (DEA) halted a hearing concerning the rescheduling proposals after appeals suggested collusion between the DEA and opponents of the measure.
According to Adam Smith, who leads the Marijuana Policy Project, the Biden administration’s efforts have stalled due to the DEA’s continued resistance. Smith remarked that historically, the DEA has been opposed to any reforms regarding cannabis laws, suggesting their instinct is to resist change.
Traditionally viewed as a left-leaning issue, Trump has expressed his support for regulated and decriminalized marijuana use. “I believe it’s time to end the unnecessary arrests for small amounts of marijuana, and we should ensure access to safe products for adults,” he stated.
He previously indicated he would support Florida’s Amendment 3, aimed at legalizing recreational cannabis, which, although it garnered 55% voter support, fell short of the necessary 60% supermajority to pass.
Some prominent voices within the MAGA movement might be cautious about Trump’s venture into marijuana reform. However, Smith points out that a large number of Americans, across political lines, support changes to cannabis laws. In a recent survey, only a single respondent said they were opposed to all legalization, while 87% backed either medical or recreational use.
Rescheduling cannabis, however, wouldn’t equate to complete legalization. Federal penalties for possession would still stand, leading Smith to advocate for a “compromise solution” that would facilitate rescheduling.
One significant aspect of rescheduling would be that cannabis businesses could operate without being hindered by tax laws associated with Schedule I or II substances, enabling them to better manage operational costs.
If Trump does push for rescheduling, he’ll need to address the previously halted appeals. The newly appointed DEA administrator, Terry Cole, mentioned the potential evaluation of cannabis rescheduling as a priority in a recent conversation.
While Cole has yet to prioritize cannabis since his appointment, experts like Jonathan Robbins believe the administration’s backing could expedite the process. He noted that if the appeal is resolved, hearings to discuss the ramifications of rescheduling could be initiated soon.
Robbins also said that rescheduling could prompt more states to permit either medical or recreational cannabis use, thus allowing related businesses to access financial services. While proponents see benefits in this potential change, critics argue that it primarily serves economic interests rather than aligning with Trump’s overall agenda.
Sabet expressed concerns that the newfound tax benefits could invigorate the cannabis sector in ways that may not reflect well on broader drug policy. He warned about the implications of increased commercialization and the messaging that would accompany a reclassification of marijuana.
