The marijuana scheduling issue has turned into quite the conundrum, especially now that Trump is involved.
RESCHEDULE OR DESCHEDULE: THAT'S THE QUESTION
Since 1970, marijuana has been classified as a Schedule I drug, meaning it has "no currently accepted medical use and a high potential for abuse." With 40 states allowing medical use, we know this statement is no longer true. The issue of abuse is constantly being discussed. In addition to marijuana, heroin, LSD, methamphetamine, Ecstasy and peyote are listed.
In 2023, the Biden White House recommended moving marijuana to Schedule III, which defines drugs as having "low to moderate potential for physical and psychological dependence." Drugs on this list include codeine, ketamine, steroids and testoserone.
A Schedule III designation would not legalize it federally. States that have passed laws and set up adult-use and/or medical programs would still be in disagreement with Washington. According to NORML:
"To provide state governments with similar autonomy to make state-specific decisions regarding the regulation of cannabis, the plant must be descheduled, not rescheduled. Absent cannabis descheduling, those who produce, dispense, possess, or use marijuana in compliance with state laws could still face federal prosecution for violating federal drug laws."
Some think Schedule III would medicalize marijuana and make it only available by prescription. NORML disagrees:
"Rescheduling would not likely mandate the sale of cannabis in pharmacies, which is required for FDA-approved scheduled substances."
Another belief is that Sched III would be a boon for cannabis research. Again, NORML doubts that would be the case:
"Scientists can and do conduct clinical trials involving marijuana right now . . . However, the approval process for these trials is unduly onerous. But rescheduling cannabis will likely do little to streamline this process."
The big beneftt of Sched III, NORML notes, is it "would permit state-licensed businesses, for the first time, to take traditional tax deductions." Section 280E in the tax code, which prohibits businesses involved in "trafficking" Schedule I and II drugs from deducting standard business expenses, would no longer apply to marijuana businesses. It's the No. 1 reason the industry is pushing for it.
Why not move to Schedule V (drugs with "low potential for abuse") or remove marijuana altogether from the Controlled Substances Act (i.e. deschedule)?
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TRUMP ENTERS THE PICTURE
A lifelong teetotaler (or so he says), Trump has no personal interest in legalizing marijuana. That's why his recent statement – "we’re looking at reclassification and we’ll make a determination over the next few weeks" – is so puzzling.
The industry has been cozying up to Trump lately, making donations and visiting Mar-a-Lago and Bedminster, hoping to sway his opinion.
"I’ve heard great things about medical and bad things having to do with just about everything else," Trump said on Aug. 12. "You know for pain and various things I’ve heard some pretty good things, but for other things I’ve heard some pretty bad things.”
Trump supported the adult-use measure in Florida that lost last November. He hadn't said anything about pot until his recent comments. Two weeks have passed and nothing has happened, typical for Trump.
WHY GIVE TRUMP THE VICTORY?
Biden couldn't get it done because the DEA obstructed the process until he was out of office. Trump has since hired a number of drug warriors, like new DEA administrator Terry Cole. However, disgraced former Congress member and Trump supporter Gaetz posted at X: "Trump wins Rescheduling Marijuana." Robert F. Kennedy Jr. and a few others Trump listens to may also be urging him to make the change. But MAGA hardliners shudder at the thought. It would be like Nixon going to China.
Smart Approaches to Marijuana (SAM) has launched a campaign to discourage him with the tagline: "Tell President Trump: Don't Reschedule Marijuana." According to SAM, "Moving marijuana to Schedule III would . . . give a $2 million tax break to drug cartels and illegal businesses, which would lead to a huge explosion in crime and cartel activity. Reclassifying marijuana would only cause more crime and violence."
Would rescheduling win over cannabis-issue voters? Probably some. Enough to be the difference in the 2026 midterms? Perhaps. On the other hand, Trump might do nothing.
Another possibility is the MORE Act, which passed several times when the House was Democrat-controlled. It would remove marijuana from the CSA. The bill was reintroduced on Aug. 29 with backing from 40 Dems. However, they no longer control the House.
Don't let Trump win this issue. It only will benefit businesses and maybe some patients. Wait until he's out of office in 2029 and continue to advocate for descheduling with the next president, Democrat or Republican. Or as the Drug Policy Alliance says: "Legalize Marijuana the Right Way."
After much thought and consideration, we've concluded descheduling marijuana is the best way to go. Why give the small victory of rescheduling to Trump?
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