Trump considers continuing Biden's marijuana policy

President Trump is contemplating a major shift in federal marijuana policy, potentially advancing an earlier proposal by the Biden administration to reschedule cannabis.

According to The Hill, if realized, this policy change would reclassify marijuana from Schedule I to Schedule III under federal regulations, offering substantial tax benefits to cannabis businesses and possibly increasing state-level marijuana legalizations.

Former President Biden's administration initiated the move to downgrade cannabis from its current Schedule I status, which classifies it alongside drugs like heroin. However, the proposal faced significant hurdles when the DEA did not support the change.

DEA's Historical Resistance Poses Challenges

DEA Administrative Law Judge John Mulrooney canceled a hearing on the proposed reclassification due to a related appeal, further delaying progress. This resistance has been a cornerstone of the DEA's stance, as noted by legal consultant Adam Smith.

Smith detailed the DEA's habitual resistance to cannabis law reform. He commented on their "natural response" to oppose such changes, attributing the agency’s reluctance to its cultural and historical precedents.

Despite typically being a left-leaning issue, Trump's interest in rescheduling marijuana reflects a broader public opinion shift. In the past, Trump has supported cannabis regulation, as evidenced by his backing of Florida’s Amendment 3.

Political Implications and Public Opinion

The amendment failed, garnering only 55% of the vote when it required 60% for passage. Nevertheless, Trump's support indicates a degree of political will to embrace cannabis reforms that align with public attitudes.

According to a 2025 Pew Research survey, only 10% of Americans opposed any form of cannabis legalization. This represents overwhelming support for reform, particularly for medical use, across political party lines.

Reclassifying cannabis would not remove all federal penalties, but it would grant tax deductions to cannabis businesses. These benefits are currently unavailable to entities dealing with Schedule I or II substances.

Path to Implementation Requires Federal Cooperation

Trump indicated that a decision on the rescheduling initiative might be forthcoming in the “next few weeks.” The resolution of current appeals and the scheduling of a DEA hearing are necessary steps before further progress can be made.

Jonathan Robbins highlighted the importance of President Trump's support in advancing the rescheduling efforts. Robbins pointed out that backing from Trump's administration could resolve the appeal efficiently.

He noted that Republican opposition has historically hampered these efforts. However, President Trump’s advocacy could act as a catalyst in overcoming such barriers.

Criticism and Concerns Over Financial Motives

While some express optimism, others, like Kevin Sabet, criticize the potential rescheduling as financially motivated. Sabet worries that the move could lead to unwarranted commercialization of cannabis.

Sabet argues that allowing tax deductions for cannabis advertising will amplify commercialization. He fears this could spread misleading perceptions about cannabis safety and federal oversight.

Overall, Trump's potential endorsement of marijuana rescheduling signifies a noteworthy development in federal cannabis policy. His upcoming announcement and actions may set a precedent for future administrations, impacting both the cannabis industry and its consumers.