Trump Orders Marijuana Reclassification, Shifting to Schedule III

President Donald Trump has ordered the reclassification of marijuana from Schedule I to Schedule III of the Controlled Substances Act. This significant change follows nearly four decades of debate regarding the drug’s classification, which has labeled it alongside substances like heroin and LSD since 1970. The executive order aims to facilitate research and acknowledge marijuana’s potential therapeutic benefits, although it stops short of legalizing the substance.

In a landmark decision, the Drug Enforcement Administration (DEA) had listed marijuana in Schedule I, asserting that it possessed a high potential for abuse and no accepted medical applications. This classification was challenged in 1988 by Francis Young, then chief administrative law judge at the DEA, who argued that marijuana had accepted medical uses, particularly for conditions like chemotherapy-induced nausea and multiple sclerosis. Young’s findings were ultimately ignored by the DEA, which continued to uphold marijuana’s Schedule I status until now.

The recent decision stems from a review by the U.S. Department of Health and Human Services (HHS), ordered by President Joe Biden. The HHS concluded that there is “credible scientific support” for marijuana’s effectiveness in treating pain and nausea, as well as other medical conditions. The department noted that the majority of marijuana users do so safely, without leading to dangerous outcomes. HHS recommended that marijuana’s classification should reflect its medical uses, leading to the proposed shift to Schedule III.

Merrick Garland, the Attorney General at the time, accepted HHS’s recommendation in May 2024. Trump emphasized the potential benefits of this reclassification for patients suffering from chronic pain and serious medical conditions. Moving marijuana to Schedule III means it will be subject to less stringent regulations than those applied to Schedule I substances, allowing for increased opportunities for medical research.

While this change facilitates research, it does not equate to legalization. The Food and Drug Administration must still approve specific cannabis-based products as prescription medicines. Furthermore, state-licensed marijuana businesses will remain illegal under federal law, though they may experience reduced penalties due to the reclassification.

The implications for state-legal marijuana businesses could be significant. Currently, these operations face high effective tax rates due to restrictions on claiming standard deductions. The new classification may alleviate some of these financial burdens, although federal law still considers them criminal enterprises. Trump’s order did not explicitly address these benefits for businesses, despite his previous support for recreational marijuana legalization in Florida.

As of now, 40 states have legalized marijuana for medical use, with 24 allowing recreational use. This widespread acceptance conflicts with federal prohibition, a stance increasingly opposed by the public. Trump’s assertion that his order “doesn’t legalize marijuana in any way, shape or form” highlights the ongoing tension between state and federal laws regarding cannabis.

The recent reclassification indicates a shift in acknowledging the medical potential of marijuana, moving away from decades of stringent regulation. As research opportunities expand, advocates hope that this decision will ultimately lead to broader acceptance and use of cannabis in healthcare.