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Full Breakdown

Trump Administration Reclassifies State-Licensed Medical Marijuana

4/25/2026, 9:12:03 AM

Core Action: Schedule Shift

On April 23 2026 Acting Attorney General Todd Blanche signed a Justice Department order moving state-licensed medical marijuana from Schedule I to Schedule III, the same tier as ketamine and low-dose codeine. The reclassification applies only to FDA-approved or state-licensed medical cannabis; all other cannabis remains Schedule I.

Background

Congress barred the Justice Department from shutting state medical programs in 2015. A 2022 Biden-era review collected 43,000 comments but stalled. Trump’s December 2025 executive order accelerated the process, leading to Blanche’s April 2026 order and a DEA hearing set for June 29 2026.

Data Snapshot

Medical marijuana programs operate in 40 states and D.C.; 24 states plus D.C. permit adult recreation. Only Idaho and Kansas ban cannabis. A YouGov/Economist poll shows 84 % support medical legalization and 59 % support recreational use. Section 280E imposes a 60-70 % tax on cannabis businesses; reclassification could remove it. Black Americans are 3.7-4 times more likely than whites to be arrested for possession.

Official Statements & Impact

Blanche said the action “allows for research on the safety and efficacy of this substance, ultimately providing patients with better care and doctors with more reliable information.” Bronstein called it “the most significant federal advancement in cannabis policy in over 50 years.” The reclassification also grants tax deductions for licensed operators and removes DEA barriers for researchers, but it does not change criminal penalties for possession.

Criticism & Opposition

Sabet called the order a “tax break to Big Weed” and warned it sends a confusing message about marijuana’s harms. Cotton warned that today’s more potent cannabis contributes to psychosis and fatal crashes. Over 20 Republican senators urged the president to retain Schedule I status.

On-the-Ground Perspectives & Gaps

Nico Richardson, CEO of Texas Original, said the reclassification clarifies a legal gray area for patients. Jason Ortiz of the Last Prisoner Project noted no relief for those serving federal cannabis sentences. State regulators in Maryland and Nevada said guidance on dual-license businesses and patient rights remains unclear.

Verbatim Quotes

  • “This rescheduling action allows for research on the safety and efficacy of this substance, ultimately providing patients with better care and doctors with more reliable information.” — Todd Blanche, Acting Attorney General
  • “the most significant federal advancement in cannabis policy in over 50 years.” — Michael Bronstein, President, American Trade Association for Cannabis and Hemp
  • “we are now confronted with the most pro-drug administration in our history.” — Kevin Sabet, Chief Executive, Smart Approaches to Marijuana
  • “His release date is death,” — Ferna Anguiano, relative of inmate Hector Ruben McGurk

Next Steps

The DEA hearing on June 29 2026 will consider broader rescheduling. Advocates plan lobbying for congressional expungement bills and clearer federal guidance, and will monitor potential legal challenges.