Trump signs executive order to accelerate federal marijuana rescheduling
President Donald Trump on Thursday signed an executive order directing federal agencies to expedite the rescheduling of marijuana from Schedule I to Schedule III under the Controlled Substances Act, marking a major shift in federal cannabis policy with a stated focus on expanding medical research.
The order instructs the attorney general to move quickly to complete a rescheduling process that began during the Biden administration but was left unfinished before Trump returned to office. Trump indicated earlier this year that he was open to completing the review, and the directive formalizes that position by requiring federal agencies to advance the process without further delay.
Under federal law, Schedule I substances are defined as having no currently accepted medical use and a high potential for abuse, while Schedule III substances are considered to have moderate to low potential for physical or psychological dependence. Moving marijuana to Schedule III would formally acknowledge its accepted medical use at the federal level while maintaining federal controls.
Administration officials said the executive order is narrowly focused on improving medical marijuana and cannabidiol research and does not change federal criminal penalties or legalize recreational marijuana. The directive relies in part on a 2023 review by the U.S. Department of Health and Human Services, which found that tens of thousands of licensed health care providers across the country were recommending medical marijuana to millions of registered patients for a range of qualifying conditions.
The rescheduling decision carries significant implications for the regulated marijuana industry. While it would not legalize cannabis federally, Schedule III status would allow state-licensed marijuana businesses to claim standard federal tax deductions currently prohibited under Internal Revenue Service code 280E, which applies to Schedule I and II substances. The change would also remove certain research barriers that have limited clinical and scientific study of marijuana.
Beyond rescheduling, the executive order outlines a broader federal approach to cannabidiol and hemp-derived products. The directive calls on federal agencies and Congress to work toward expanding patient access to full-spectrum CBD while maintaining restrictions on products that pose significant health risks. It also urges lawmakers to revisit the federal definition of hemp to ensure patient access to full-spectrum CBD products, an issue that has gained urgency following the passage of a recent spending bill that critics say could effectively ban most consumable hemp products.
The administration also signaled plans related to federal health care programs. The order includes a proposal to allow Medicare recipients to access non-intoxicating CBD under physician recommendation, potentially with coverage through federal health insurance. Separately, the Centers for Medicare and Medicaid Services is expected to announce a demonstration model that would allow certain beneficiaries to receive CBD at no cost under medical supervision.
The executive action follows reports that Trump met with marijuana industry executives, Health and Human Services Secretary Robert F. Kennedy Jr., and CMS Administrator Mehmet Oz ahead of the announcement. Trump also reportedly contacted House Speaker Mike Johnson during those discussions, with Johnson expressing opposition to marijuana rescheduling.
The decision represents one of the most consequential developments in federal marijuana policy in decades, formally recognizing medical value for a substance that has remained classified alongside drugs such as heroin since the early 1970s. However, the move has drawn criticism from multiple directions. Some congressional Democrats argue the change does not go far enough, while several Republican lawmakers have urged the president not to proceed, citing concerns about public health and safety.
Thursday’s executive order completes a process initiated under the previous administration and places responsibility on federal agencies to carry the policy forward.
Full Text: Executive Order – INCREASING MEDICAL MARIJUANA AND CANNABIDIOL RESEARCH
