Trump Orders Speed—DEA Drags Feet

For decades, federal marijuana prohibition did not stop Americans from using cannabis—it mainly stopped doctors and scientists from studying it.

Story Snapshot

  • Federal rules long blocked real research on marijuana while millions kept using it anyway.
  • Health and Human Services now says cannabis has accepted medical use and should be Schedule III.
  • Trump’s executive order pushes the Drug Enforcement Administration to speed up rescheduling and open research.
  • Rescheduling would ease tax burdens and studies, but the Drug Enforcement Administration process still shows deep bias.

How Prohibition Blocked Knowledge, Not Use

For years, Washington treated marijuana like heroin, classifying it as a top-tier banned drug under federal law. Schedule I status means the government claims high abuse risk, no accepted medical use, and unsafe use even under a doctor’s care.[3] Yet surveys show tens of millions of Americans have used cannabis, and many do so regularly, proving that prohibition did not stop demand or use.[7] What it did stop was serious medical research, because Schedule I brings the toughest rules, extra permits, and long delays that scare off many scientists.[3]

Researchers must go through special Drug Enforcement Administration licensing and rely on limited federal marijuana supplies, often not matching what real patients and consumers use.[3] That means doctors and lawmakers have been making decisions in the dark. Instead of clear data on benefits, risks, dosage, and long‑term effects, they have had to rely on small studies and anecdotes. This lack of strong evidence is itself a public health risk because patients, families, and policymakers cannot see a full picture of how cannabis helps or harms.[3]

Trump Order and the Push to Schedule III

The scientific side of the federal government has now broken with the old narrative. In August 2023, the Department of Health and Human Services, led by the Assistant Secretary for Health, formally recommended that marijuana be moved to Schedule III after a full medical and scientific review.[2] That review concluded cannabis has a currently accepted medical use and a lower abuse potential than Schedule I or II drugs, directly rejecting the claim that it belongs with heroin and lysergic acid diethylamide.[2]

Schedule III status means the drug still stays controlled, but with recognized medical value and fewer barriers for research and prescribing.[2] Building on that, President Trump issued an executive order in December 2025 that directs the Attorney General to complete rulemaking to move marijuana from Schedule I to Schedule III and expand medical marijuana and cannabinoid research.[16] That order does not itself change the schedule, but it forces the Department of Justice and Drug Enforcement Administration to finish the stalled process and do it “in the most expeditious manner” allowed by law.[16]

Research, Tax Relief, and What Rescheduling Really Changes

Moving cannabis to Schedule III would have practical effects that matter to patients and small businesses. First, Drug Enforcement Administration research rules are less strict for Schedule III substances, so more universities and hospitals could study marijuana, and more patients could join trials that look at pain, nausea, appetite, and other conditions.[1] Experts say this shift would finally let scientists test the same kinds of products people actually use, with modern double‑blind and placebo‑controlled methods.[9]

Second, rescheduling would lift the heavy tax penalty that has strangled legal marijuana providers. Section 280E of the tax code blocks standard business deductions for companies handling Schedule I drugs, hitting legal cannabis shops with punishing effective tax rates.[6] That section does not apply to Schedule III substances, so moving marijuana would ease the tax burden on regulated businesses and help them compete with illicit markets while creating jobs.[13] For conservatives worried about fairness, this is basic equal treatment for state‑legal operations that follow the rules.

Limits, Bias, and the Fight Over Who Gets Heard

Rescheduling is not full legalization, and it does not turn cannabis into an over‑the‑counter product. Marijuana would still be a controlled substance, interstate commerce would remain restricted, and employers could continue drug‑free workplace policies.[18] Recreational markets would stay governed by state law, and many unique cannabis research rules passed in recent years would continue to apply. Some legal scholars and commentators use this to argue that rescheduling is only a modest fix, not a full reform of the federal‑state clash.[4]

The way the Drug Enforcement Administration is handling hearings has also raised serious questions. The agency’s June 29, 2026 rescheduling hearing is meant to weigh evidence on moving marijuana to Schedule III, but it granted slots only to groups opposed to rescheduling and denied participation to reform organizations like the National Organization for the Reform of Marijuana Laws and the Marijuana Policy Project.[4] That one‑sided lineup makes the process look biased and out of step with Health and Human Services’ scientific findings and the Trump administration’s directive to open research and follow the data.[21]

Sources:

[1] Web – Prohibition Didn’t Stop Marijuana Use. It Stopped Marijuana Research.

[2] Web – DEA Selects Only Those Opposed to Rescheduling for Hearing

[3] Web – Federal Marijuana Rescheduling: Process and Impact

[4] Web – Prohibition Didn’t Stop Marijuana Use. It Stopped Marijuana Research.

[6] YouTube – Should the federal government reschedule cannabis? Implications for …

[7] Web – 517

[9] Web – THE BROOKINGS INSTITUTION

[13] Web – The DEA’s marijuana decision is more important than rescheduling

[16] Web – Here’s Why the DEA Will Never Reschedule Cannabis

[18] Web – Cannabis Rescheduling Explained | Vicente LLP

[21] Web – Effects of the Federal Government’s Move to Reschedule Cannabis

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