Recent statements from former President Donald Trump indicate a significant evolution in his stance on marijuana policy, aligning with a proposed federal reclassification of cannabis. This potential shift, which includes support for moving marijuana from Schedule I to Schedule III under the Controlled Substances Act, signals a departure from previous administrations' more stringent approaches. The move could have profound implications for research, taxation, and criminal justice, though it stops short of full federal legalization.
The Drug Enforcement Administration (DEA) is currently reviewing a recommendation from the Department of Health and Human Services (HHS) to reclassify marijuana to Schedule III. This category includes drugs with accepted medical uses and a lower potential for abuse, such as Tylenol with codeine. If finalized, this change would not legalize recreational cannabis federally, but it would significantly ease research restrictions and exempt state-legal cannabis businesses from Section 280E of the IRS code, potentially saving them billions in taxes.
Trump publicly endorsed the idea, stating, "I believe it is time to end needless arrests and incarcerations of adults for small amounts of marijuana for personal use." He also indicated he would vote "YES" on Florida's Amendment 3, a ballot initiative to legalize recreational marijuana. This marks a notable change from his first term, during which his administration upheld federal prohibition and rescinded the Obama-era Cole Memorandum, which had provided guidance for states with legal cannabis.
Despite growing public support for legalization, with polls showing approximately 70% of Americans in favor, the reclassification process has faced resistance. Groups like Smart Approaches to Marijuana (SAM), led by Dr. Kevin Sabet, have voiced strong opposition. Sabet called the DEA's proposed reclassification a "dangerous and historic mistake," arguing it would prioritize profits over public health and exacerbate addiction and mental health crises.
The DEA's review process is ongoing and involves a public comment period before a final decision is made. While the reclassification would not resolve the fundamental conflict between state and federal cannabis laws, it represents a substantial step toward aligning federal policy with the increasing number of states that have legalized cannabis for medical or recreational use.