Trump teases marijuana shift. Here's how it almost happened before
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A jar of marijuana flower. Photo: Justin Sullivan/Getty Images
President Trump has signaled a potential reclassification of marijuana, but that doesn't mean it'll happen quickly.
Why it matters: Reclassification isn't a magic switch and entails a lengthy process that takes weeks, if not months, to have happen.
Catch up quick: Trump said this week he's considering a new executive order that would reclassify marijuana as a Schedule III drug under the U.S. Drug Enforcement Agency.
- "A lot of people want to see it, the reclassification, because it leads to tremendous amounts of research that can't be done unless you reclassify," Trump told reporters Monday. "So we are looking at that very strongly."
- Multiple reports suggested the reclassification could come later this week, but it's unclear if that'll happen.
Context: Trump wouldn't be the first president to attempt reclassification, as former President Biden made moves to see marijuana reclassified as a Schedule III drug, too.
- Separately, many states have decriminalized or legalized marijuana.
Here's what happened the last time the U.S. tried to reclassify marijuana.
Biden calls for marijuana review
In October 2022, Biden called on the Department of Health and Human Services and the DEA to review marijuana's placement as a Schedule I drug under the Controlled Substances Act.
- A Schedule I classification means the drug has high abuse potential and it cannot be accepted for medical use.
- It wasn't until August 2023 — nearly a year later — that HHS recommended that marijuana should be a Schedule III drug, citing scientific and medical evolutions of the drug.
- In April 2024, AP reported that the DEA was planning to move toward a reclassification of the drug.
DEA begins the process of reclassification
One month later in May 2024, the DEA proposed a new rule that would move marijuana from Schedule I to Schedule III — assuming that the rule was finalized.
- The rule also called for public opinion on the proposal to pivot the drug.
- A Schedule III drug, per the DEA, has "a moderate to low potential for physical and psychological dependence," per the DEA. Other drugs in the category include ketamine, anabolic steroids and testosterone.
Public responds to marijuana rule change
The DEA received more than 40,000 public comments during the next two months, as well as requests for a hearing on the new reclassification.
- In August 2024, the DEA announced a hearing on the agency's new scheduling plan, saying it would be held in December 2024.
- The hearing announcement also included a September deadline for requests to participate.
- The DEA selected more than 20 participants in October, including scientists, lawyers, doctors, supporters and those against marijuana legalization.
Lawsuits against the DEA
In November 2024, two groups, Hemp for Victory (HVF) and Village Farms International, filed a motion to disqualify and remove the DEA from its role in the rescheduling action of marijuana.
- DEA administrative law Judge John Mulrooney denied the motion.
- The hearing was scheduled for Jan. 21, 2025, and was expected to last into March.
Biden era push ends
Zoom in: HVF and Village Farms International entered another court filing for their motion to be reconsidered. The judge allowed them to file a rare interlocutory appeal, even though the judge ultimately denied the new motion, per the court filing.
- Judge Mulrooney canceled the planned hearing that was meant to start in January and suspended proceedings due to the appeal procedure, per The Hill.
- He also requested the parties provide a joint status update every 90 days moving forward, according to the court filing.
- The case has been stalled since President Trump took office.
What's next for marijuana under Trump
Trump appears likely to sign an executive order to reclassify marijuana, per multiple reports. What that order says, though, remains unclear.
- No final decisions have been made about marijuana reclassification, according to the White House.
- Some high-profile MAGA voices haven't been completely on board with the reclassification possibility, suggesting that loosened restrictions could be a gateway to larger issues.
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