Republican lawmakers in the United States Congress have taken decisive action to prevent the Trump administration from altering marijuana’s federal classification, creating a significant obstacle for cannabis reform efforts. The House Appropriations Committee approved spending legislation last week that would prohibit the Department of Justice from using federal funds to change marijuana’s status under the Controlled Substances Act.

Funding Restrictions Target Reclassification Efforts

The appropriations bill contains explicit language stating: “None of the funds appropriated or otherwise made available by this Act may be used to reschedule marijuana… or to remove marijuana from the schedules established under section 202 of the Controlled Substances Act.” This provision effectively freezes the ongoing federal review process and reserves scheduling authority exclusively for Congress rather than the executive branch.

The move comes as the Trump administration signals consideration of reclassifying cannabis from Schedule I to Schedule III, a change carrying substantial implications for the industry and federal-state relations. Whilst some GOP members and Trump himself have expressed openness to reform—particularly to appeal to younger voters—others remain firmly opposed, citing public health concerns, youth access issues, and cannabis industry influence.

Complex Political Landscape

The cannabis reclassification prevented by this congressional action follows a letter from nine House Republicans urging the Department of Justice to halt any rescheduling proposal. These lawmakers warned that such changes could send inappropriate messages to young people and primarily benefit large cannabis corporations.

The timing proves particularly significant. The process Trump would inherit began under President Biden, whose Department of Justice proposed moving cannabis to Schedule III in May 2024. However, proceedings stalled in January when a Drug Enforcement Administration administrative law judge retired after staying hearings amid allegations the agency colluded with opponents.

Trump’s newly confirmed DEA Administrator, Terrance Cole, indicated reviewing the rescheduling docket would be an early priority, though this didn’t appear on the agency’s published strategic priorities. The administration could restart hearings, resolve pending appeals, or issue a final rule based on the attorney general’s scheduling authority.

Procedural Confusion Deepens

The procedural situation became more complicated this week when the Department of Justice moved to withdraw dozens of pending rules, including a hemp-analytic testing proposal sharing an identifier with the cannabis rescheduling hearing notice. The White House clarified this shouldn’t be interpreted as withdrawing rescheduling itself, but the incident underscores confusion surrounding mechanics and timing.

Prohibitionist groups are rallying opposition to any marijuana rescheduling blocked less stringently, warning that reclassification would amount to a windfall for “Big Marijuana.” Meanwhile, reform advocates at Drug Policy Alliance are petitioning Trump from the opposite direction—urging full descheduling rather than settling for Schedule III classification.

Schedule III Implications

Were the Trump administration to proceed with moving marijuana to Schedule III, it would acknowledge accepted medical use and lower abuse potential compared to Schedule I/II drugs. This change would end IRS 280E penalties, allowing state-licensed operators normal business deductions, and could ease medical research aspects whilst encouraging clinical trials.

The cannabis reclassification prevented by Republican appropriations measures would also potentially broaden access to banking and capital by reducing perceived risk, though not fully resolving those issues.

However, Schedule III classification wouldn’t federally legalise state marijuana markets or permit interstate commerce. Dispensary products wouldn’t automatically appear in pharmacies without Food and Drug Administration approval, and many cannabis-specific research hurdles would remain without congressional action. It also wouldn’t expunge records or address criminal justice disparities—changes requiring separate legislation.

Industry Response and Celebrity Appeals

Whilst industry representatives and allies point to potential economic relief and research gains from rescheduling, with high-profile figures like Mike Tyson and Roger Stone publicly urging Trump to proceed, the Republican-led congressional action has thrown federal cannabis reform into uncertainty.

The marijuana rescheduling blocked by the appropriations bill aims to prevent even incremental changes by prohibiting the Department of Justice from using funds to implement reclassification, maintaining current federal prohibition.

Critical Weeks Ahead

The coming weeks will prove decisive. The White House states a decision is imminent, but the House GOP’s move to prevent cannabis reclassification has added a major obstacle. Whether the Senate will support the House provision remains uncertain, and rescheduling’s fate may ultimately depend on inter-chamber negotiations or further executive action.

The Department of Justice could still attempt to proceed, but any final rule would likely draw litigation from both opponents and those advocating for descheduling. Republican lawmakers have highlighted deep divisions within the party and country regarding cannabis reform.

The future of federal marijuana policy remains uncertain, with outcomes hinging on congressional negotiations, executive decisions, and potential court challenges. For now, the GOP’s action to ensure marijuana rescheduling blocked represents the most significant development—and the biggest hurdle—facing cannabis reform efforts in Washington. The standoff underscores continuing tensions between public health considerations, political calculations, and competing industry interests in the evolving debate over federal drug policy.

Source: Nat Law Review