Reformers React to Trump's Marijuana Rescheduling Executive Order [FEATURE]

Last Thursday, President Trump signed an executive order, Increasing Medical Marijuana and Cannabidiol Research, that sets the stage for moving cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA). Schedule I drugs are defined as drugs with no currently accepted medical use, a high potential for abuse, and a lack of accepted safety for use of the drug under medical supervision. Schedule III drugs are classified as having a potential for abuse less than the drugs in Schedules I and II, a currently accepted medical use in treatment in the United States, and a potential for moderate or low physical dependence or high psychological dependence.

But as its title indicates, it also opens a door for the hemp industry, which has been on its back foot since Congress last month included a hemp ban in its bill ending the federal government shutdown. That ban threatens to virtually wipe out a multi-billion industry that has grown up around hemp-derived cannabinoids.

The executive order had its genesis in the Biden administration, which ordered a review of medical marijuana's status, leading to a 2023 Food & Drug Administration (FDA) finding that there was scientific support for certain medical uses of the plant. The Department of Health and Human Services (HHS) then recommended to the Drug Enforcement Agency (DEA) that marijuana be controlled under Schedule III of the CSA. DEA had yet to act on that recommendation, but now the president has.

"Decades of Federal drug control policy have neglected marijuana’s medical uses," the order says. "That oversight has limited the ability of scientists and manufacturers to complete the necessary research on safety and efficacy to inform doctors and patients… The federal Government's long delay in recognizing the medical use of marijuana does not serve the Americans who report health benefits from the medical use of marijuana to ease chronic pain and other various medically recognized ailments. Americans who often seek alternative relief from chronic pain symptoms are particularly impacted. "

The order also addresses cannabinoids, the phytochemicals that interact with the human body's endocannabinoid system to produce both physical and psychoactive effects. The most prevalent products derived from American hemp crops are the cannabinoids, particularly cannabidiol (CBD) and tetrahydrocannabinol (THC). CBD is widely used in pain relief. "Full-spectrum" CBD products also contain THC derived from the hemp plant.

The order notes that while hemp-derived cannabinoids are currently not controlled substances under the CSA, "some full-spectrum CBD products will once again be controlled as marijuana under the CSA when section 781 of Public Law 119-37 [the hemp ban] goes into effect because they contain THC levels above the per-container threshold set by that law." It also notes that some CBD products have been inaccurately labeled, "posing safety risks for consumers."

"It is the policy of my Administration to increase medical marijuana and CBD research to better inform patients and doctors, the order states. "It is critical to close the gap between current medical marijuana and CBD use and medical knowledge of risks and benefits, including for specific populations and conditions. Research methods and models should include real-world evidence and should facilitate affordable access in order to rapidly assess the health outcomes of medical marijuana and legal CBD products while focusing on long-term health effects in vulnerable populations like adolescents and young adults."

The order mandates that the attorney general complete rulemaking for rescheduling marijuana expeditiously and that White House officials "work with the Congress to update the statutory definition of final hemp-derived cannabinoid products to allow Americans to benefit from access to appropriate full-spectrum CBD products while preserving the Congress's intent to restrict the sale of products that pose serious health risks."

While the hemp industry has generally responded warmly to the move, the reaction from marijuana advocates has been more nuanced.

"The Executive Order directs several federal agencies to advance research and policy coordination related to medical cannabis and cannabinoid products. However, it does NOT reschedule cannabis, legalize medical use, or create new patient protections," Americans for Safe Access's Steph Sherer wrote in a Saturday blog post. "What makes this moment especially significant is what the Order affirms: recognition that cannabis has a 'currently accepted medical use' has now moved beyond federal health agencies and been acknowledged by the White House."

"The Administration's order calling to remove the cannabis plant from its Schedule I classification validates the experiences of tens of millions of Americans, as well as those of tens of thousands of physicians, who have long recognized that cannabis possesses legitimate medical utility," said Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws (NORML). "It wasn't long ago that federal officials were threatening to seize doctors' medical licenses just for discussing medical cannabis with their patients. This directive certainly marks a long overdue change in direction."

He cautioned however: "But while such a move potentially provides some benefits to patients, and veterans especially, it still falls well short of the changes necessary to bring federal marijuana policy into the 21st century. Specifically, rescheduling fails to harmonize federal marijuana policy with the cannabis laws of most states, particularly the 24 states that have legalized its use and sale to adults -- thereby leaving those who produce, dispense, possess, or use marijuana in compliance with state laws in jeopardy of federal prosecution. In order to rectify this state/federal conflict, and in order to provide state governments with the explicit authority to establish their own cannabis regulatory policies -- like they already possess with respect to alcohol -- cannabis must be removed from the Controlled Substances Act altogether. Doing so would affirm America's longstanding principles of federalism and appeal to Americans' deep-rooted desires to be free from undue government intrusion into their daily lives."

Armentano continued: "Nevertheless, as a first step forward, this federal policy change dramatically shifts the political debate surrounding cannabis. Specifically, it delegitimizes many of the tropes historically exploited by opponents of marijuana policy reform. Claims that cannabis poses unique harms to health, or that it's not useful for treating chronic pain and other ailments, have now been rejected by the very federal agencies that formerly perpetuated them. Going forward, these specious allegations should be absent from any serious conversations surrounding legalizing and regulating cannabis."

Finally, he added: "It is anticipated that reclassification will also provide tax fairness to state-licensed businesses -- allowing them, for the first time, to take traditional tax deductions. This change levels the playing field and lowers these entities’ costs of doing business. This change also likely benefits cannabis consumers by resulting in lower overall prices for state-licensed retail products, further incentivizing them to abandon the underground market."

NORML’s Political Director Morgan Fox also weighed in, stating that the Trump Administration's reclassification endorsement reflects bipartisan support in favor of ending marijuana prohibition. "Having a Republican administration backing this effort will likely embolden more Republican lawmakers, many of whom have privately endorsed marijuana policy reform, to now do so publicly. It may also encourage lawmakers in Republican-led states that have yet to move toward a policy of legalization and regulation to take a serious look at doing so," he said.

The Marijuana Policy Project likewise issued a call for descheduling -- not rescheduling.

"While MPP welcomes the President's proposal to move cannabis from Schedule I to Schedule III, neither the plant itself nor its naturally occurring component cannabinoids belong on the schedule at all, said Adam J. Smith, MPP executive director. "We hope this move to Schedule III truly does open up medical research, that it inspires states to guarantee access to safe, regulated cannabinoids for patients who desperately need them, and that the regulated industry might finally be treated more fairly under the federal tax code."

"But a move to Schedule III does nothing to end hundreds of thousands of possession arrests each year, nor does it do anything to fix the untenable, ongoing disconnect between federal prohibition and the regulated state markets under which more than half of American adults live," Smith continued. "We are pleased that the President is taking this important step, but it is only a step. It is long past time to deschedule cannabis entirely and end nearly a century of failed prohibition."

And the Drug Policy Project (DPA) was adamant about the harms that will remain as long as marijuana remains federally illegal -- not just down-scheduled.

"Americans have waited a long time for the US government to acknowledge what the President said today: cannabis has medical value," said Kassandra Frederique, DPA's executive director. "But it's important to be clear about what Schedule III does and does not do. While it may ease some research restrictions, it's still unclear what real relief it will provide to everyday Americans who rely on cannabis to manage pain. The announcement also benefits large corporations without a clear pathway for affordable access for patients and consumers."

"Rescheduling does not end the harms of criminalization," she continued. "Millions of Americans will still face arrest records that limit access to housing, jobs, and opportunity, leaving the long-standing impacts of cannabis criminalization in place. Americans want legalization that works: limited to adults, with accurate labeling, strong public health protections, real opportunities for small businesses and workers, and tax revenue that reinvests in communities. If people still risk arrest, eviction, or a lost job -- and patients still can't afford or legally access the medicine they rely on -- this announcement does not offer enough relief for Americans."

For marijuana and drug policy reformers, rescheduling is a step in the right direction, but by no means the end of the road.