August 12, 2025 5:32PM # One Step Forward? The Trump Administration Considers Rescheduling Marijuana By [Matthew Cavedon](https://www.cato.org/people/matthew-cavedon) --- SHARE Listen to this article Generated with [ ElevenLabs](https://elevenlabs.io/) AI technology. Loading the [Elevenlabs Text to Speech](https://elevenlabs.io/text-to-speech) AudioNative Player... ![trump inauguration](/sites/cato.org/files/styles/pubs_2x/public/2025-01/trump%20inauguration.jpg?itok=L6Q-h_F2) If you blinked, you probably missed it: In the same press conference where he announced a federal takeover of DC policing, President Trump also mentioned that he is considering rescheduling marijuana. This small but positive move would build on efforts started under [President Biden](https://apnews.com/article/marijuana-biden-dea-criminal-justice-pot-f833a8dae6ceb31a8658a5d65832a3b8). For [half a century](https://digitalcommons.law.seattleu.edu/sulr/vol47/iss5/2/) now, marijuana has been classified under Schedule I of the [Controlled Substances Act](https://www.law.cornell.edu/uscode/text/21/812). That makes it a federal crime to manufacture, distribute, or dispense cannabis. (Separately, it is also a [federal crime](https://www.law.cornell.edu/uscode/text/21/844) to possess it.) Theoretically, falling under Section I is supposed to be based on a substance having “no currently accepted medical use in treatment” and “a lack of accepted safety for use … under medical supervision.” In reality, the absolute federal prohibition of marijuana is based not on medicine and science but on [political judgments](https://scholarship.law.cornell.edu/cjlpp/vol19/iss3/3/) about morality and risks. Even though state-level legalizations of marijuana and [federal decisions](https://www.congress.gov/crs-product/IF12270) to limit enforcement efforts have changed much of the legal landscape for cannabis, its Schedule I classification still has [practical effects](https://www.independent.co.uk/news/world/americas/us-politics/trump-weed-cannabis-policy-b2806422.html). This places high barriers on researchers seeking to study marijuana’s effects and blocks cannabis-related businesses from claiming federal income-tax deductions. The president is considering reclassifying marijuana under Schedule III. While this would not legalize the drug, it would recognize [what is apparent](https://www.cdc.gov/cannabis/about/state-medical-cannabis-laws.html) to 47 states, three territories, and DC—marijuana “has a currently accepted medical use in treatment.” In addition to easing research and tax burdens, reclassification could help destigmatize cannabis. It could also reignite long-stalled efforts in Congress to pass the [SAFER Banking Act](https://www.forbes.com/sites/ajherrington/2025/07/28/32-attorneys-general-call-on-congress-to-pass-cannabis-banking-bill/), which would let banks and other financial companies work with marijuana-related businesses. ![marijuana](/sites/cato.org/files/styles/pubs_2x/public/2025-08/marijuana%202.jpg?itok=SVc-GQJt) Further, as a matter of policing, acknowledging medical marijuana’s existence could reduce the [probable cause](https://www.nolo.com/legal-encyclopedia/does-marijuana-smell-alone-give-police-the-right-to-search-what-you-need-to-know.html) associated with the drug’s odor. That might mean fewer marijuana-related traffic stops, body searches, and arrests, depending on the significance the courts give the reclassification. President Trump’s press conference announced big steps backward from sane policing and toward a dangerous [militarized](https://www.amazon.com/Rise-Warrior-Cop-Militarization-Americas/dp/1610394577) model. While it may be little consolation, at least he also mentioned the possibility of a minor de-escalation in the War on Drugs. The better path forward would be respecting the [proper role of the federal government](https://supreme.justia.com/cases/federal/us/545/1/) by ending the failed prohibition regime altogether, as well as legalizing drug use in the states. Society can tolerate and reasonably regulate marijuana as a minor vice like alcohol. Society should also realize that criminalizing even harmful drug addiction is a blunt instrument for what is ultimately a [medical and moral](https://www.cato.org/blog/fentanyl-nitazenes-why-drug-war-keeps-making-danger-worse) concern. ##### Related Tags [Constitutional Law](https://www.cato.org/constitutional-law), [Criminal Justice](https://www.cato.org/criminal-justice), [Drug War](https://www.cato.org/drug-war) [![Creative Commons License](/build/cato_2020/images/creative-commons.svg)](http://creativecommons.org/licenses/by-nc-sa/4.0/) This work is licensed under a [Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License](https://creativecommons.org/licenses/by-nc-sa/4.0/).