Has the Momentum to Legalize Cannabis Stalled Under the New Presidency?

The movement to legalize cannabis in the United States has made significant progress over the past decade - from a large number of states making it completely legal to the United States Drug Enforcement Administration (DEA) proposing to reclassify it as a less dangerous drug. With President Trump's return to office, however, whether the movement’s momentum will continue is up in the air.

The Current Legality of Cannabis

On the federal level, cannabis remains illegal, whether for medicinal or recreational use. The federal government classifies it as a Schedule I drug, alongside heroin and cocaine. In spite of that status, individual states have taken their own actions to make cannabis legal in their jurisdictions. Below is a breakdown by the degree of legalization.

Recreational Use Legalized

Alaska, Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine,

Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Jersey, New Mexico, New York, Ohio, Oregon, Rhode Island, Vermont, Virgina & Washington.

Medical and Decriminalized

Hawaii, Louisiana, Mississippi, New Hampshire & North Dakota.

Decriminalized

Nebraska & North Carolina.

CBD with THC Only

Georgia, Indiana, Iowa, Kentucky, Tennessee, Texas & Wisconsin.

Illegal

Idaho, Kansas, South Carolina & Wyoming.

This past election cycle, several states had cannabis laws on the ballot. Just as the election results took a conservative turn, so too did these propositions. Three of the four states rejected cannabis for both medicinal and recreational use.

While the federal government's view of cannabis as an illegal drug remains steady, there has been a shift in recognizing its medical benefits. Under President Biden, there were talks of rescheduling cannabis from a Schedule I drug to Schedule III. In April of 2024, at his direction, the DEA proposed a formal reclassification process in accordance with the Department of Health and Human Services' (HHS) earlier recommendation. This rescheduling would allow cannabis to be prescribed for medical use. To be clear, this reclassification is not complete legalization; it only allows for medical use. And, the rescheduling has not yet happened; it is still on hold and remains pending.

The Future of Rescheduling and Legalization

In his first term, President Trump maintained a pretty neutral position on cannabis. The 2018 Farm Bill legalized CBD and other cannabis products that are derived from hemp provided they did not exceed a THC limit of 0.3%. President Trump also supported the notion that states decide on legalization. And, with The First Step Act, he supported reducing sentences for nonviolent offenders, including those convicted of marijuana use.

The President’s appointees this term, however, seem to take a more anti-cannabis stance:

●      U.S. Attorney General, Pam Bondi, who served as Florida’s Attorney General for eight years, maintained a stance against cannabis reform and pushed back on efforts to legalize it for medical use

●      FDA Commissioner, Dr. Martin A. Makary, has expressed critical views on the safety of cannabis

During his campaign, President Trump made it clear in a post on Truth Social that he supported the rescheduling. Whether or not that happens hinges on how Congress and the DEA administrator address the issue. President Trump recently nominated Terrance C. Cole to head the DEA. Cole, who is currently Virginia’s secretary of Public Safety and Homeland Security, has 30 years of law enforcement experience, including 22 years with the DEA. Cole has made his position on the dangers of cannabis quite clear in social media posts:

●      LinkedIn post: “Surprise visit to Virginia Cannabis Control Authority to say hello to our amazing employees Commonwealth of Virginia . Everybody knows my stance on marijuana after 30 plus years in law enforcement , so don’t even ask! #justsayno #disorders #notlegal4distribution #healthissues #thinblueline #backtheblue

●      Facebook post: “Spend enough time at parties or clubs? Please read this article from the Drug Enforcement Administration - DEA to learn the dangers of peer pressure and marijuana use” which links to an article about cannabis being four times more potent than three decades ago.

How Cole feels about the rescheduling and medical use of cannabis is unclear.

Project 25, which seems to be aligning with the President’s agenda, does not mention cannabis, but it does emphasize tightening control over illegal drugs - and cannabis is illegal according to the federal government.

At this time, it is likely that the states will continue to determine the legality of cannabis, leading to fragmented policies. Whether it will be reclassified for medical use is yet to be determined.