Trump Pushes Towards Marijuana Rescheduling

President Trump is open to advancing former President Biden’s initiative to reschedule marijuana, a step that stops short of full legalization but could significantly benefit the cannabis industry. 

This month, Trump reportedly informed donors he was considering rescheduling marijuana, and during a press conference this week, he mentioned a decision would be announced in the “next few weeks.”  

The Biden administration had aimed to reschedule cannabis from Schedule I to Schedule III, but the process was left incomplete. This move would bring minimal changes to criminal justice reform. 

Before the Trump administration took office, DEA Administrative Law Judge John Mulrooney canceled a hearing on the rescheduling proposal after supporters filed an appeal claiming the DEA had collaborated with opponents. 

According to Adam Smith, executive director of the Marijuana Policy Project, the Biden administration’s rescheduling effort stalled due to a resistant DEA. 

“The DEA, culturally and historically, has opposed reforming cannabis laws. I think their natural response is to resist,” Smith said.  

While marijuana use normalization is often seen as a left-wing issue, Trump has previously shown support for its regulation and decriminalization. 

“I believe it is time to stop needless arrests and incarcerations of adults for small amounts of marijuana for personal use. We must also implement smart regulations and provide access to safe, tested products for adults,” Trump wrote on Truth Social in September 2024. 

Trump stated he would vote “YES” on Florida Amendment 3 last year, which aimed to legalize recreational cannabis in the state. Although it received 55 percent of the vote, the measure failed because it didn’t achieve the required 60 percent supermajority. 

Some MAGA influencers are trying to divert Trump from marijuana reform. However, Smith sees several ways the move aligns with a Republican White House. 

“I would note that majorities of Americans from all parties support cannabis law reform and legalization,” Smith said. “[A] large majority support medical access, so I don’t think it’s as unpopular on the right as often portrayed.” 

“Also, there’s a personal freedom issue that should resonate with conservatives,” Smith noted. 

Pew Research polling at the start of 2025 found that only 1 in 10 Americans believe marijuana should not be legal at all, with 87 percent supporting its legalization for medical use, recreation, or both. 

Still, rescheduling is quite different from completely descheduling marijuana. Federal penalties for marijuana use and possession would remain. Smith described rescheduling as a “compromise solution.” 

The main change for stakeholders would be that cannabis businesses would no longer be subject to a tax law that prevents businesses dealing in Schedule I or II substances from deducting business costs or credits from their taxes. 

If Trump were to pursue rescheduling, his administration would first need to resolve the appeal that delayed the hearing on the proposal. Recently confirmed DEA Administrator Terry Cole told senators in April that evaluating the status of marijuana rescheduling would be one of his “first priorities.” 

Upon taking office, Cole did not include cannabis rescheduling in his list of priorities. 

“However, with enough pressure from the administration and the DEA’s support, the appeal could be resolved, and a hearing to consider arguments for and against rescheduling could be arranged within months,” Jonathan Robbins, chair of Akerman LLP’s Cannabis Practice, told The Hill. 

“While this appears burdensome, outright support from President Trump would certainly facilitate the process, especially given that most congressional opposition has historically come from the right,” he added. 

The White House declined to comment beyond Trump’s public statements on rescheduling.

Robbins said rescheduling could also encourage more states to permit medical or recreational cannabis use, as well as give related businesses access to traditional banking and financial services. 

With sellers likely to benefit most from marijuana rescheduling, opponents view this potential action by Trump as a financial favor to businesses. 

“I don’t think it aligns with his agenda at all. It would give huge tax breaks to the marijuana industry. It’s all about money and a few people profiting from many users,” said Kevin Sabet, president of Smart Approaches to Marijuana and drug policy adviser for three presidential administrations. 

Sabet warned that the new tax advantages would significantly boost the cannabis industry. 

“Legally, it’s modest, but I worry about the real-world effect being twofold,” Sabet said. “First, massive commercialization due to advertising deductions. Second, the message it sends, as headlines will say, ‘marijuana is being reclassified and downgraded.’”