President
Trump did issue an executive order (EO) on December 18, 2025, directing
the Attorney General to expedite the process of moving marijuana from Schedule
I to Schedule III of the Controlled Substances Act (CSA). However, the EO
itself does not immediately change the legal status of marijuana; it
initiates an administrative process that must be completed by the Department of
Justice (DOJ) and the Drug Enforcement Administration (DEA).
Current Status
Executive Order Signed: President Trump signed an executive order titled "Increasing Medical Marijuana and Cannabidiol Research".
Directive to DOJ: The order directs the DOJ to "take all necessary steps" to complete the rulemaking process for rescheduling marijuana "in the most expeditious manner".
Process Underway: This action builds on a process already initiated under the Biden administration, where the Department of Health and Human Services (HHS) and the FDA recommended rescheduling to Schedule III based on scientific evidence of accepted medical use.
Rulemaking Process: The DEA had already published a proposed rule in May 2024 and received public comments. The next step is a potential administrative law hearing, which had been postponed.
Not Yet Finalized: The rescheduling is not yet complete or in effect as of late December 2025. The final rule must be published and an effective date established, which could still face legal challenges.
What
Rescheduling Would Mean
If finalized, moving marijuana to Schedule III would have significant implications:
Medical Use Acknowledged: It would officially acknowledge marijuana's accepted medical uses at the federal level.
Research Barriers Lowered: Researchers would face significantly fewer barriers to studying medical marijuana.
Tax Relief for Businesses: State-legal cannabis businesses could deduct ordinary business expenses under federal tax law (Internal Revenue Code Section 280E), which is currently prohibited for Schedule I and II substances.
Federal Legality Unchanged: It would not, however, make recreational marijuana legal under federal law; marijuana would remain a controlled substance, albeit in a less restrictive category.
On December 18, 2025, President Donald Trump signed the "Increasing Medical Marijuana and Cannabidiol Research" Executive Order. The order directs the Attorney General to expedite the official reclassification of marijuana from Schedule I to Schedule III under the Controlled Substances Act.
Key Directives of the Executive Order
Expedited Rulemaking: Directs Attorney General Pam Bondi and the Department of Justice (DOJ) to take all necessary steps to finalize the rescheduling process "in the most expeditious manner".
CBD Access and Hemp Policy: Instructs senior White House staff to work with Congress to update the definition of "final hemp-derived cannabinoid products" to ensure patient access to full-spectrum CBD while restricting unsafe products.
Medicare Pilot Program: Announces plans for the Centers for Medicare and Medicaid Services (CMS) to launch a pilot program to pay for treatments containing cannabidiol (CBD).
Medical Recognition: Formally acknowledges the medical value of marijuana at the federal level, citing FDA findings of support for treating chronic pain, anorexia, and chemotherapy-induced nausea.
Important Legal and Regulatory Clarifications
Not Immediate Rescheduling: The order does not automatically or instantly move marijuana to Schedule III. It directs federal agencies to complete a formal rulemaking process, which includes administrative steps and legal review.
Federal Legal Status: Marijuana remains a Schedule I substance until the DOJ/DEA issues a final rule. Even as a Schedule III drug, marijuana would not be federally "legalized" for recreational use; it would remain a controlled substance subject to federal oversight.
Impact on Business: Once finalized, moving to Schedule III would allow state-legal cannabis businesses to access standard federal tax deductions (previously barred by IRS Code Section 280E) and ease barriers for medical research.
https://www.google.com/search?q=trump+eo+to+move+marijuana+from+schedule+1+to+schedula+3+2025
Norb Leahy, Dunwoody GA Tea Party Leader
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