Congressional Researchers Say It’s ‘Unknown’ If Marijuana Will Be Rescheduled Under Trump, Whose Approach To Cannabis ‘Remains To Be Seen’
It “stays to be seen” how President Donald Trump will navigate marijuana coverage in his second time period, and it’s “unknown” whether or not the Drug Enforcement Administration (DEA) will finalize a proposed rule to reschedule hashish, congressional researchers say in a brand new report.
In an evaluation printed final week that broadly overviews the federal Managed Substances Act (CSA), the Congressional Analysis Service (CRS) mentioned quite a lot of cannabis-specific points for lawmakers to think about because the 119th Congress will get underway.
“Latest years noticed developments in marijuana legislation and coverage, together with a rising divergence between federal and state marijuana legal guidelines, a 2022 presidential grant of clemency for federal and D.C. marijuana possession offenses, and 2024 DEA rulemaking proceedings proposing to reschedule marijuana beneath the CSA,” the report says.
What’s unsure, nonetheless, is what’s subsequent to return beneath Trump’s second time period—a query prime of thoughts for advocates and stakeholders.
Some are holding out hope that the president’s endorsement of rescheduling, marijuana business banking entry and a 2024 Florida legalization poll initiative through the marketing campaign—in addition to his said assist for states’ rights to set their very own hashish legal guidelines—will inspire the GOP-controlled Congress to take motion.
Others are skeptical, pointing to anti-marijuana management in each the Home and Senate in addition to controversial administrative figures just like the appearing head of DEA who has made sensational claims about hashish use and repeatedly criticized the rescheduling course of that unfolded beneath the Biden administration.
“It stays to be seen what method President Trump’s second Administration will take towards marijuana regulation,” CRS stated, including that whereas the president’s first legal professional basic in his first time period rescinded federal steering on marijuana enforcement priorities, “the variety of DEA marijuana arrests fell yearly through the first Trump Administration.”
The researchers additionally said “it’s unknown whether or not DOJ will finalize the proposal and, if that’s the case, what controls the company would impose on marijuana.”
To that time, though the Justice Division began transferring ahead on the proposal to reclassify hashish as a Schedule III drug beneath the CSA, it’s finally as much as DEA to finalize that rule. And administrative hearings on the problem have been delayed amid authorized challenges.
“Lately, DOJ has pursued marijuana prosecutions within the context of large-scale trafficking operations or gang-related exercise,” CRS additionally stated. “The Biden Administration DOJ didn’t situation formal steering on marijuana coverage, however Legal professional Normal Merrick Garland indicated that the company wouldn’t prioritize prosecuting people for private use of marijuana.”
CRS additionally identified that, whereas presidents can situation pardons associated to hashish offenses as former President Joe Biden did, the president “lacks the facility” to maneuver marijuana out of its Schedule I standing “unilaterally.”
“Maybe essentially the most simple solution to change a substance’s authorized standing beneath the CSA is for Congress to cross laws,” the report stated. “If Congress needs to alter the authorized standing of marijuana, it may accomplish that earlier than or after DOJ makes any last scheduling choice.”
As CRS has famous in previous analyses, reclassifying marijuana as a Schedule III drug, “with out different authorized adjustments, wouldn’t carry the state-legal medical or leisure marijuana business into compliance with federal managed substances legislation.”
Individually, Trump’s decide for legal professional basic, former Florida Legal professional Normal Pam Bondi (R) is declining to say how she plans to navigate key marijuana coverage points—together with the continued rescheduling course of and renewing federal enforcement steering—if she’s finally confirmed.
In the meantime, as lawmakers put together to as soon as once more take up large-scale agriculture laws within the new session, CRS additionally not too long ago offered an outline of the coverage panorama round hemp—emphasizing the divides round numerous cannabis-related proposals amongst legislators, stakeholders and advocates.
