President Donald Trump has issued an executive order to reclassify marijuana from Schedule I to Schedule III under the Controlled Substances Act. This significant change acknowledges the medicinal potential of marijuana, which has long been categorized alongside substances such as heroin and LSD. The reclassification is intended to streamline research and facilitate medical use, although it does not equate to legalization.
Historically, marijuana has been classified as Schedule I since 1970, a designation reserved for drugs considered to have a high abuse potential with no accepted medical applications. This classification was challenged nearly four decades ago by Francis Young, then chief administrative law judge at the Drug Enforcement Administration (DEA). Young concluded that marijuana should not occupy this restrictive category, citing its therapeutic potential. Although his ruling was ultimately overruled, the recent executive order reflects a shift in federal perspective regarding the substance.
Federal Review and Recommendations
The reclassification follows a comprehensive review by the U.S. Department of Health and Human Services (HHS), ordered by President Joe Biden. The HHS found “credible scientific support” for marijuana’s use in treating conditions such as pain, nausea, and appetite loss linked to medical conditions. The review stated that “the vast majority of individuals who use marijuana are doing so in a manner that does not lead to dangerous outcomes.”
HHS concluded that marijuana’s dangers do not justify retaining it in Schedule I or moving it to Schedule II, which includes substances like fentanyl and methamphetamine. Instead, it determined that marijuana could be appropriately classified under Schedule III, allowing for greater access for research and therapeutic purposes.
This recommendation was accepted by then-Attorney General Merrick Garland in May 2024, leading to Trump’s executive order aimed at expediting the reclassification process. Trump highlighted the order as a step forward for “American patients suffering from extreme pain, incurable diseases, aggressive cancers, seizure disorders, neurological problems and more.”
Impact on Marijuana Research and Industry
While the reclassification will ease some regulatory burdens for medical research, it will not legalize the medical use of marijuana unless the Food and Drug Administration (FDA) approves specific cannabis-based products. Furthermore, state-licensed marijuana businesses will continue to operate under federal prohibition, albeit facing less severe penalties.
These businesses stand to benefit from the new classification, as it allows them to claim standard deductions on their income tax returns, which could help alleviate the high effective tax rates they currently face. Despite this, Trump did not emphasize the advantages for state-legal marijuana merchants in his announcement, which may seem surprising given his support for recreational legalization in certain states.
As of now, 40 states have legalized marijuana for medical use, with 24 states permitting recreational use. This widespread acceptance has created a conflict with federal prohibition, a policy increasingly seen as out of touch with public opinion.
Trump’s assertion that his order “doesn’t legalize marijuana in any way, shape or form” is technically accurate but reflects a growing acknowledgment of the substance’s medicinal properties and the need for reform. With public support for marijuana legalization at an all-time high, the reclassification marks a pivotal moment in the ongoing conversation about cannabis in America.
