Marijuana Moment: DOJ Could Ignore Trump’s Marijuana Rescheduling Directive, Congressional Researchers Suggest

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In the days since President Donald Trump signed an executive order on marijuana rescheduling this month, there’s been some misreporting that the deal is officially done. But as congressional researchers note in a new report, the reclassification must still be finalized—and there’s a chance the Justice Department could opt to start the process all over again, or even not complete it at all.

What the president did through executive action was direct the attorney general to expeditiously complete the process of moving cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA), in accordance with a proposed rule initiated under the Biden administration. Short of that sign-off, marijuana still remains a Schedule I drug.

“At the time the executive order was issued, the agencies had not taken final action on the proposed rescheduling, and it remains to be seen whether and when they will do so,” the Congressional Research Service (CRS) said in an analysis published last week. “It remains to be seen whether DOJ will take final action to reschedule marijuana and, if so, when and how the agency will act.”

So far, the Justice Department has been silent on potential next steps. Attorney General Pam Bondi did not appear at Trump’s signing ceremony for the cannabis executive order. And DOJ has not responded to repeated requests for comment from Marijuana Moment.

That’s not necessarily indicative of resistance to the president’s directive, especially considering that the department is dealing with unrelated controversies such as the disclosure of files associated with Jeffrey Epstein. But without DOJ input on the rescheduling issue since Trump signed the order, questions have arisen as to how the order will be executed and how long the process will take.

“DOJ could potentially finalize the May 2024 proposed rule or issue a new proposed rule,” CRS said in the new report. The president “cannot directly change the status of marijuana under federal controlled substances law but can direct executive agencies to consider rescheduling marijuana, as President Trump did in the December 2025 executive order.”

As in past reports on rescheduling, the independent agency’s analysis notes that the classification of cannabis can be altered by either the executive branch or Congress.

“If Congress seeks to change the legal status of marijuana, it has broad authority to do so before or after [the Drug Enforcement Administration, or DEA] makes any final scheduling decision,” CRS said, adding that there have been attempts in recent sessions to pass legislation to reschedule or legalize marijuana altogether.

Either reform “could raise additional legal questions,” however, it said. For example, the Food and Drug Administration (FDA) currently regulates certain cannabinoid-based prescription drugs, so it’s possible that legislators may work to create a broader regulatory framework for marijuana.

“While most recent proposals would relax federal regulation of marijuana, Congress could also seek to impose more stringent controls,” the report continues, pointing to GOP-led bills to continue to prevent cannabis businesses from taking federal tax deductions even if the plant is rescheduled.

The tax parity impact of moving marijuana to Schedule III is one of the more significant reasons industry stakeholders have been pushing for the incremental reform, even if it doesn’t immediately legalize cannabis. Beyond that, a Schedule III designation would symbolically recognize the plant’s medical value and loosen certain research restrictions tied to Schedule I drugs.

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Meanwhile, a coalition of Republican state attorneys general are criticizing Trump’s decision to federally reschedule marijuana, saying cannabis is “properly” classified as a Schedule I drug with no accepted medical use and a high potential for abuse.

Earlier this month, groups of House and Senate Republican lawmakers also sent letters urging Trump not to reschedule cannabis. Trump, however, dismissed those concerns—pointing out that an overwhelming majority of Americans support the reform and that cannabis can help people who are suffering from serious health issues, including his personal friends.

Photo courtesy of Philip Steffan.

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