President Trump Issues Executive Order Directing the Attorney General to Reschedule Marijuana | Cannabis Law Report | Where to buy Skittles Moonrock online

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What long resembled a Never Ending Story has finally reached a turning point. Today, President Trump signed an Executive Order directing the Attorney General to reschedule marijuana as a Schedule III substance under the Controlled Substances Act (CSA). The signing and remarks can be viewed here.

The order includes the following directives (as first reported by Kyle Jaeger of Marijuana Moment and discussed during the press conference):

• Direct the Attorney General to completion of the process to reschedule marijuana to Schedule III under the CSA, “in the most expeditious manner in accordance with Federal law, including 21 USC 811.”
• Direct senior White House staff to work with Congress to ensure patient access to full-spectrum CBD products, “while still restricting the sale and access to products that cause serious and potentially life-threatening health risks.”
• Urge Congress to reexamine and update the federal definition of hemp to ensure that full-spectrum CBD remains accessible to patients—potentially addressing industry concerns arising from a recently signed spending bill that broadly restricts consumable hemp products.
• Direct the U.S. Department of Health and Human Services (HHS) to develop improved research methods and models, including the use of real-world evidence, to expand access to hemp-derived CBD products in accordance with federal law and to inform standards of care.

Once implemented by the Attorney General, this action will constitute the single most consequential advancement in federal marijuana policy in decades. While the limits of rescheduling should not be overstated (as I have discussed previously) the President’s action finally dismantles the irrational classification of marijuana as among the most dangerous substances in the world, ranked alongside heroin and above cocaine, methamphetamine, and fentanyl.

The notion that marijuana is more dangerous than fentanyl, a substance the President himself has labeled a weapon of mass destruction, can finally be laid to rest. Leaving marijuana in Schedule I, or even in Schedule II alongside fentanyl, would have undermined the Administration’s broader efforts to enforce drug laws against substances that are actually killing thousands of Americans each year.

Whatever one’s views of President Trump, one conclusion is becoming increasingly difficult to dispute: on cannabis, he has acted where others did not. While the Executive Order itself does not immediately reschedule marijuana, it unmistakably signals the Administration’s intent and sets the process firmly in motion. Attorney General Bondi has historically demonstrated a willingness to execute presidential directives, and there is little reason to believe this instance will be different.

The broader historical context is particularly striking. Despite decades of national debate around cannabis reform, only two federal actions have meaningfully loosened marijuana’s prohibitionist framework: the 2018 Farm Bill and the current rescheduling initiative. Both occurred under Republican administrations, and both during President Trump’s tenure. That fact alone should prompt serious introspection within Democratic leadership.

What happens next: DOJ and DEA pathways

Attorney General Bondi now has several potential paths forward.

The most legally defensible, and what I believe is not the most likely approach, that I and others have advocated for years, would be for the Attorney General to issue a final rule pursuant to her authority under 21 U.S.C. § 811(d)(1), placing marijuana in Schedule III to maintain consistency with U.S. international treaty obligations. This route would be faster and less vulnerable to procedural challenges. The President directing AG Bondi to rescheduling “in the most expeditious manner in accordance with Federal law, including 21 U.S.C. 811”, which would mean the application of (d)(1).

Alternatively, DOJ could direct the DEA to issue a final rule based on the administrative rulemaking process initiated under the Biden Administration in October 2022. While viable, this approach would introduce additional delay and would almost certainly invite litigation. This approach would also align with the presidents directive to “take all necessary steps to complete the rulemaking process related to rescheduling marijuana.” While I think 811(d)(1) would complete the process, going through official final rulemaking would align with this directive.

A third option, resuming the administrative hearing process where it stalled in January, appears unlikely, particularly given the retirement of the presiding administrative law judge.

Regardless of the path chosen by DOJ, litigation is virtually guaranteed.

Once rescheduling occurs, then what?

Rescheduling marijuana to Schedule III will eliminate the application of Internal Revenue Code § 280E, providing substantial and welcome tax relief for operators. Beyond that, expectations should remain measured.

State-legal marijuana businesses will remain illegal under federal law. Marijuana products will not automatically become federally recognized medicines. Interstate and international commerce will remain prohibited for state-licensed operators. Federal criminal penalties will persist. Research will continue to face significant regulatory barriers.

Many of these constraints are the product of incremental and often contradictory policymaking. For example, while Democratic lawmakers routinely express support for expanded cannabis research, the Cannabinoid Research Act effectively entrenched Schedule I style research restrictions even as marijuana now moves toward Schedule III. The result is another instance of rhetorical support for liberalization paired with structural resistance to it.

Although, based on the comments made during the press conference I am cautiously optimistic that research pathways will be expanded and not hindered by the DEA.

A potential bright spot: marijuana exports and the global market

As I wrote here, one genuine opportunity could emerge if the DEA permits registered bulk marijuana manufacturers (this will not apply to state-legal operators) to export medical cannabis to jurisdictions where it is legal. Such a shift would be transformative for existing registrants and would finally allow the United States to participate meaningfully in the global medical cannabis market—an arena it has long ceded to foreign competitors.

Will this effect the recently closed hemp loophole?

The Executive Order does not appear to seek Congress’ efforts in reopening the market for intoxicating hemp products scheduled to become illegal on November 12, 2026. However, it does urge Congress to revisit the definition of hemp to ensure patient access to full-spectrum CBD.

Since the loophole legislation was passed, I have been advising clients that this is the only portion of the hemp ban likely to be revisited, and the language of this order lends further credibility to that assessment.

Timing and what to expect going forward

This process will not resolve immediately. Depending on the procedural route DOJ selects, rescheduling could unfold over several weeks or extend into several months, particularly once litigation begins. As additional guidance emerges from DOJ, DEA, and the courts, developments will continue to evolve.

How Democrats lost on cannabis

Democratic leaders have long styled themselves as champions of cannabis reform. Yet when measured by outcomes rather than rhetoric, the party has struggled to convert that posture into durable federal change, raising legitimate questions about whether leadership truly sought reform.

Rather than advancing pragmatic, politically viable legislation, such as the STATES Act (now STATES 2.0), Democrats largely centered their efforts on the Cannabis Administration and Opportunity Act. While ambitious, that bill was never a realistic vehicle for reform in a narrowly divided Congress and, in truth, should not have been expected to garner unanimous Democratic support. In practice, it functioned more as a signaling and fundraising mechanism than as a workable path to liberalization.

The result is that Democrats have largely ceded both momentum and narrative control of cannabis reform, despite approximately 64% of Americans supporting legalization. President Trump has filled that vacuum. Even if he overstates what rescheduling accomplishes, as some Democrats are claiming, he has taken concrete steps where Democratic leadership has largely talked about action without delivering anything. In politics, execution matters, and on cannabis, Republicans, and particularly President Trump, now owns that ground.

Conclusion

The trajectory is increasingly clear. What remains uncertain is how quickly, and how far, federal cannabis policy will ultimately move. While substantial work remains and many legal, regulatory, and political hurdles still lie ahead, today’s action represents a monumental step toward common-sense cannabis reform. For decades, federal marijuana policy has been untethered from science, public health realities, and lived experience. This Executive Order marks a long-overdue course correction.

Everyone who worked tirelessly, often behind the scenes and at considerable professional and political cost, to move this issue forward should take a moment to pause and recognize the significance of what has been accomplished. Progress in cannabis reform has rarely been linear or easy, and victories have been hard-won. This one is no exception.

The path forward will require continued vigilance, discipline, and realism. But today, meaningful progress was made. That alone warrants recognition, and, briefly, a well-deserved pat on the back.