Trump Orders Marijuana Reclassification, Acknowledges Medical Benefits

President Donald Trump has issued an executive order to reclassify marijuana, moving it from Schedule I to Schedule III under the Controlled Substances Act. This shift acknowledges the medical potential of cannabis and corrects a longstanding misclassification that has persisted since 1970. The order aims for an “expeditious” transition, which could facilitate medical research and alter the regulatory landscape for cannabis.

Under current law, Schedule I includes substances deemed highly dangerous with no accepted medical use, such as heroin and LSD. In contrast, Schedule III encompasses drugs with legitimate medical applications, including ketamine and Tylenol with codeine. This reclassification reflects a growing recognition of marijuana’s therapeutic benefits, which has been a subject of debate for decades.

The roots of this change can be traced back to a pivotal conclusion made by Francis Young, the chief administrative law judge at the Drug Enforcement Administration (DEA). In 1988, Young determined that marijuana should not be classified in the most restrictive category. Despite his findings, he was overruled, and the federal stance on marijuana remained unchanged for years. His assertion that marijuana is “one of the safest therapeutically active substances known to man” and has “accepted medical use” for conditions like nausea and spasticity has now gained traction.

Recent developments have further reinforced this shift in perception. The Department of Health and Human Services (HHS) concluded in 2023 that there is “credible scientific support” for the use of marijuana in treating various medical issues, including pain, nausea, and anorexia associated with medical conditions. The HHS review noted that the majority of marijuana users do so without leading to dangerous outcomes.

HHS recommended against keeping marijuana in Schedule I or moving it to Schedule II, which includes potent substances like fentanyl and methamphetamine. Instead, they argued for its placement in Schedule III, indicating that although marijuana has a high prevalence of abuse, its profile does not support its classification as a Schedule I substance.

This recommendation was formalized by Attorney General Merrick Garland in May 2024 when he published a proposed rule for the reclassification, which Trump aims to finalize promptly. The executive order has been framed as a significant step toward easing the burden on patients suffering from severe medical conditions.

Despite the positive implications for medical research, the reclassification will not automatically legalize marijuana for medical use. The Food and Drug Administration (FDA) still needs to approve specific cannabis-based products before they can be prescribed legally. Additionally, state-licensed marijuana businesses remain illegal under federal law, although the new classification could lessen some regulatory burdens.

The reclassification allows these businesses to claim standard deductions on their income tax returns, alleviating a significant financial disadvantage due to high effective tax rates. Trump’s order also highlights the changing landscape of marijuana use in the United States, where, since Young’s ruling, 40 states have legalized the drug for medical purposes, and 24 states also allow recreational use.

This situation has created a conflict with federal prohibition, which a significant portion of the American public opposes. While Trump emphasized that his order “doesn’t legalize marijuana in any way, shape or form,” it may pave the way for further discussions on the future of cannabis regulations in the United States.

In summary, Trump’s executive order marks a pivotal moment in the ongoing dialogue surrounding marijuana’s legal status and its potential benefits. As the federal government begins to acknowledge the therapeutic uses of cannabis, the implications for patients, businesses, and the broader regulatory landscape continue to evolve.