Trump pushes to block Biden's marijuana reform

Trump's Potential Shift on Marijuana Rescheduling

President Trump has expressed openness to following through on former President Biden’s initiative to reschedule marijuana, a move that would not fully legalize the substance but could significantly benefit the cannabis industry. This potential shift highlights a notable change in stance from a leader who previously held more conservative views on drug policy.

Trump reportedly mentioned to donors this month that he is considering rescheduling marijuana, and during a recent press conference, he indicated that a decision might be made within the next few weeks. The Biden administration had attempted to reclassify cannabis from Schedule I to Schedule III, but the process was left incomplete. This move would have had minimal impact on criminal justice reform, as it would not have addressed broader systemic issues.

Before the Trump administration took office, Drug Enforcement Administration (DEA) Administrative Law Judge John Mulrooney canceled a hearing on the rescheduling proposal after supporters filed an appeal, claiming the DEA had colluded with opponents of the effort. According to Adam Smith, executive director of the Marijuana Policy Project, the rescheduling effort stalled due to resistance from the DEA. He noted that the DEA has historically been against reforming cannabis laws, often resisting changes.

Marijuana use normalization has typically been associated with progressive or left-wing policies, but Trump has shown support for its regulation and decriminalization. In September 2024, he wrote on Truth Social about ending unnecessary arrests for small amounts of marijuana and implementing smart regulations. Additionally, Trump supported Florida Amendment 3, which aimed to legalize recreational cannabis, although the measure failed to meet the required supermajority.

Some MAGA influencers are trying to steer Trump away from marijuana reform, but Smith believes there are several reasons why this move aligns with a Republican administration. He pointed out that majorities of Americans across all political parties support cannabis law reform and legalization. Moreover, personal freedom is an issue that resonates with conservatives.

Pew Research polling conducted 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. However, rescheduling is different from full descheduling, as federal penalties for marijuana use and possession would still exist. Smith described rescheduling as a “compromise solution.”

The primary benefit for stakeholders would be that cannabis businesses would no longer face tax law restrictions that prevent them from deducting business costs or credits. If Trump were to pursue rescheduling, his administration would need to address the appeal that delayed the hearing on the proposal. Recently confirmed DEA Administrator Terry Cole mentioned that assessing the status of marijuana rescheduling would be one of his top priorities. However, he omitted cannabis rescheduling from his list of priorities upon being sworn in.

Jonathan Robbins, chair of Akerman LLP’s Cannabis Practice, noted that with sufficient pressure from the administration and the DEA, the appeal could be resolved, and a hearing could be rescheduled within months. He added that Trump’s support would facilitate the process, especially given that congressional opposition has traditionally come from the right side.

The White House has not provided further comments beyond Trump’s public statements on rescheduling. Robbins also suggested that rescheduling could encourage more states to allow medical or recreational use of cannabis and provide related businesses access to traditional banking services.

With sellers likely to benefit from marijuana rescheduling, some opponents view this as a financial favor to businesses. Kevin Sabet, president of Smart Approaches to Marijuana, argued that it is inconsistent with Trump’s agenda and would provide significant tax breaks to the cannabis industry. He warned that the new tax advantages could lead to increased commercialization and send a misleading message about marijuana.

Sabet expressed concerns about the real-world effects, including the potential for aggressive advertising and the message that rescheduling sends about the safety of marijuana. Despite these concerns, the potential for rescheduling remains a topic of significant debate and discussion.