Trump signals push to finish Biden's marijuana reform

President Trump says he’s open to following through on former President Biden’s push to reschedule marijuana, a move that comes up short of legalization but would still provide a major boost for the cannabis industry. 

Trump reportedly told donors this month he was considering rescheduling marijuana, and in a press conference this week he said a decision would come in the “next few weeks.”  

The Biden administration had sought to reschedule cannabis from Schedule I to the lesser Schedule III but ultimately left the process unfinished. The move would bring negligible changes in criminal justice reform. 

Right before the Trump administration assumed office, Drug Enforcement Administration (DEA) Administrative Law Judge John Mulrooney canceled a hearing on the rescheduling proposal after supporters filed an appeal alleging the DEA had colluded with opponents to the effort. 

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

“The DEA, culturally and historically, has been against reforming cannabis laws. And I think to some extent that is their natural response is to dig in their heels,” Smith said.  

Marijuana use normalization has typically been viewed as a left-wing issue, but Trump has previously expressed support for its regulation and decriminalization. 

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

Trump said he would be voting “YES” on Florida Amendment 3 last year, which would have legalized recreational cannabis in the state. Despite receiving 55 percent of the vote, the measure failed due to not garnering the required 60 percent supermajority. 

Some MAGA influencers are seeking to steer Trump away from marijuana reform. However, Smith sees several ways in which the move aligns with a Republican White House. 

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

“Also, there's an issue of personal freedom that should speak to conservatives,” Smith noted. 

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

Still, rescheduling is vastly different from a complete descheduling of marijuana. There would still be federal penalties for marijuana use and possession. Smith called the rescheduling a “compromise solution.” 

The primary change for stakeholders would be that cannabis businesses are no longer subject to a tax law disallowing businesses that deal 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 assessing where in the process marijuana rescheduling stood would be one of his “first priorities.” 

Upon being sworn in, Cole omitted cannabis rescheduling from his list of priorities. 

“However, with sufficient pressure from the administration and the DEA on board, the appeal could be resolved, and a hearing to consider arguments for and against rescheduling could be rescheduled in a matter of months,” Jonathan Robbins, chair of Akerman LLP’s Cannabis Practice, told The Hill. 

“While this sounds onerous, and indeed it is, outright support from President Trump will absolutely facilitate the process, particularly given that the vast majority of congressional opposition has historically come from the right side,” he added. 

The White House declined to comment beyond Trump's public comments on rescheduling.

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

With sellers poised to be the main beneficiaries of marijuana rescheduling, opponents to this possible action by Trump view it as a financial favor to businesses. 

“I don't think it's consistent with his agenda at all. The other thing is, you know, it would give huge tax breaks to the marijuana industry. That's all that this is about. It's about money. It's about a small number of people making a lot of money off of many users,” said Kevin Sabet, president of Smart Approaches to Marijuana and drug policy adviser for three presidential administrations. 

Sabet warned the new tax advantages would supercharge the cannabis industry. 

“It is modest legally, but on the other hand, I worry about the real world effect would be twofold,” Sabet said. “Number one, huge commercialization in terms of the advertising that they can now deduct as expenses. And then number two, the issue of the message that it sends. Because we know the headlines will be, ‘listen, marijuana is being reclassified. It's being downgraded.’”