President Trump Looking to Reclassify Marijuana

Rumors are currently floating around about a potentially imminent decision from the Trump administration to reclassify marijuana.

The Washington Post reported that the president plans to issue an executive order on the policy change—but despite amplified rumors about the potential reform action, the White House is claiming that no final decisions have been made.

There’s been a swell of speculation in recent days from industry observers, as well as opponents of rescheduling such as Smart Approaches To Marijuana (SAM), that President Donald Trump would be making a decision on moving cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA) as early as today, according to Marijuana Moment.

What it Means to Reclassify Marijuana

The desire to reclassify marijuana is nothing new. After the Biden administration announced in 2024 that it was officially moving to reschedule marijuana under federal law, even though it never ended up happening, the Trump administration tried following suit in August of this year, with President Trump signaling openness to rescheduling in early August. This news came alongside the Drug Enforcement Administration’s (DEA) new leadership, who also named rescheduling it a top priority. 

Many industry supporters have been trying to get cannabis rescheduled ever since it was first mentioned by the Biden administration. Not only will this unlock important research on the medical efficacy of cannabis, it will also bring about real change for legal operators struggling under the burden of 280E taxes.

“This monumental change will have a massive, positive effect on thousands of state-legal cannabis businesses around the country,” explains Brian Vicente, founding partner, Vicente LLP. “One dominating inequity cannabis businesses face is the inability to deduct regular business expenses, since they sell a Schedule I substance. Rescheduling releases cannabis businesses from the crippling tax burden they have been shackled with and allow these businesses to grow and prosper. We work with hundreds of licensed cannabis businesses, and the ability to deduct ordinary operating costs under the Schedule III proposal is a game-changer for them.” 

What Happens Next?

After this story was initially published, The Washington Post reported on Thursday evening that Trump was planning to issue an executive order directing federal agencies to move ahead with cannabis rescheduling.

The outlet also said the president met earlier this week in the Oval Office with marijuana industry executives, Health and Human Services secretary Robert F. Kennedy Jr. and Centers for Medicare and Medicaid Services administrator Mehmet Oz. During that meeting, Trump phoned House Speaker Mike Johnson (R-LA), who expressed his opposition to rescheduling cannabis, The Post reported.

The reality is that until Trump officially makes a statement surrounding the rescheduling, this is all just a rumor. But if the administration does ultimately enact rescheduling, it would mark one of the most significant developments in federal marijuana policy since its prohibition a half a century ago.

“This the beginning of a new era of public health policy,” says Shawn Hauser, partner, Vicente LLP. “The directive to reschedule marijuana, initiated by the Biden administration and finalized under President Trump, is a long-overdue acknowledgment of marijuana’s medical value and safety, marking a final repudiation of failed Nixon-era prohibition. If implemented, it dismantles nearly a century of outdated drug policies that fly in the face of science and medicine.” 

“However, this would be only a partial victory; legalization and the resolution of fundamental regulatory gaps remain the urgent work ahead,” Hauser continues. “This momentum should empower us to push Congress for a comprehensive and responsible regulatory framework for medical and adult-use cannabis that ensures public safety, provides equitable access, and delivers the full scope of criminal justice reform that rescheduling alone cannot achieve.”

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