Kara Sears
Former US President Donald Trump has had a complex relationship with marijuana policy. While he has expressed support for state-led legalization and medical use of cannabis, his administration's actions have not always aligned with these statements. During his first term, Trump's budget proposal aimed to remove protections for state medical marijuana laws, and his administration rescinded the Cole Memorandum, an Obama-era policy that directed federal prosecutors to avoid marijuana prosecutions in states where it was legal. However, Trump has also indicated support for rescheduling marijuana from a Schedule I to a Schedule III drug, recognizing its medical benefits and the need to end unnecessary arrests. With his second term beginning in 2025, the cannabis industry and advocates are watching to see if he will prioritize federal legalization or marijuana rescheduling, which could have a significant impact on the industry.
| Characteristics | Values |
|---|---|
| Trump's stance on marijuana legalization | Trump has expressed support for state-led legalization of marijuana and has indicated that he supports rescheduling marijuana from a Schedule I to a Schedule III drug. However, federal reform under his administration remains unclear. |
| Actions taken by the Trump administration | The Trump administration has not taken an official stance on the issue. They have upheld the federal prohibition of cannabis and removed protections for state medical marijuana laws. They also rescinded the Cole Memorandum, an Obama-era policy that directed federal prosecutors not to pursue marijuana prosecutions in states where it is legal. |
| Impact on the cannabis industry | The cannabis industry is at a crossroads, with near-universal acceptance of medical marijuana and growing acceptance of adult-use cannabis at the state level. Potential impacts of federal reform include tax breaks, lenient access to banking, clearer regulations, and more research opportunities. |
| Public opinion and advocacy groups | There are concerns about public safety, such as increased street use and its impact on youth. Advocacy groups are trying to sway Trump by airing ads around the White House and Mar-a-Lago, reminding him of his promises to decriminalize marijuana. |
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What You'll Learn
Trump's stance on pot laws
During his 2016 presidential campaign, Donald Trump indicated that he favored leaving the issue of marijuana legalization to the states. However, his administration's policies took a different turn, upholding the federal prohibition of cannabis.
In 2017, Trump included a signing statement with the omnibus appropriations bill, suggesting that his administration could ignore the Rohrabacher-Blumenauer amendment, which prohibits the use of federal funds to prosecute persons for medical marijuana activities that are legal under state law. The following year, the Trump administration rescinded the 2013 Cole Memorandum, an Obama-era policy that directed federal prosecutors not to pursue marijuana prosecutions in states where marijuana is legal.
Despite these actions, Trump has made comments suggesting support for medical marijuana and state-led legalization. He has stated that he would “probably" support the STATES Act, a bipartisan bill to end the federal prohibition on marijuana and leave the issue to the states. Trump has also expressed a desire to focus on research to unlock the medical uses of marijuana and has indicated that he would support legalizing marijuana for recreational use.
In 2025, the DEA is expected to publish a final rule regarding the possible reclassification of cannabis from Schedule I to the less restrictive Schedule III. While Trump has indicated support for states' rights in deciding legalization, his administration has not taken an official stance on the issue, and it remains to be seen whether federal reform will be a priority.
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Marijuana policy during Trump's presidential campaign
During his 2016 presidential campaign, Donald Trump's stance on marijuana policy was somewhat ambiguous. While he used harsh anti-drug rhetoric, calling for the execution of people who sell illegal drugs, he also indicated support for state-led legalization and medical marijuana. In a campaign rally in Nevada, Trump said:
> "In terms of marijuana and legalization, I think that should be a state issue, state-by-state. … Marijuana is such a big thing. I think medical should happen — right? Don't we agree? I think so. And then I really believe we should leave it up to the states."
He also expressed support for marijuana industry access to the banking system and the federal cannabis rescheduling process initiated by the Biden administration. During an appearance on "The O'Reilly Factor," Trump acknowledged the concerns about legalised marijuana in Colorado, stating that there are difficulties in terms of the impact on the brain and mind.
Trump's stance on marijuana policy during his 2024 campaign appears to be more supportive of reform. He announced his intention to vote for a ballot measure to legalise recreational marijuana in his home state of Florida. Additionally, pro-marijuana groups are aiming to sway Trump by airing ads around the White House and Mar-a-Lago, reminding him of his promises to decriminalise marijuana and urging him to ease federal marijuana restrictions.
Despite Trump's expressed support for state-led legalization, it is unclear whether federal reform will be a priority for his second administration. However, it is anticipated that lawmakers will continue to introduce bills that could impact the industry, given the growing bipartisan support for cannabis reform.
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Trump's support for state-led legalization
While Donald Trump has expressed support for state-led legalization of marijuana, it is unclear whether federal reform will be a priority for his administration. During his 2016 presidential campaign, Trump indicated that he favored leaving the issue of marijuana legalization to the states. He said, "In terms of marijuana and legalization, I think that should be a state issue, state-by-state". He also stated that he supported medical marijuana, saying, "I think medical should happen".
Trump's administration quietly backed an attempt to incorporate legislation easing restrictions on banking for marijuana companies, specifically the SAFE Banking Act, which has passed the House multiple times but has not received Senate approval. However, it is important to note that Trump's administration also rescinded the 2013 Cole Memorandum, an Obama-era policy that directed federal prosecutors not to pursue cannabis prosecutions in states where it was legal.
Despite Trump's expressed support for state-led legalization, his administration has not taken an official stance on the issue, and some of his appointments, such as Pam Bondi as Attorney General and Marty Makary to lead the FDA, have voiced opposition to legalization.
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Federal reform under Trump's administration
While Donald Trump has expressed support for state-led legalization of marijuana, it is unclear whether federal reform will be a priority for his administration. However, it is anticipated that lawmakers on both sides will continue to introduce bills that could significantly impact the industry, as cannabis reform is gaining bipartisan traction. Some likely contenders for bipartisan support include the Secure And Fair Enforcement Regulation Banking Act (SAFER Banking Act) and the States Reform Act. The SAFER Banking Act would provide cannabis businesses with access to financial services, and a version of the bill known as the SAFE Banking Act has passed the House several times but has not received Senate approval.
Trump has indicated support for states' rights in deciding the legalization of marijuana, and during his presidential campaign, he vowed to decriminalize marijuana. However, his administration has not taken an official stance on the issue, and it is unclear whether federal reform will be prioritized.
Trump's administration has focused on reforming the federal workforce to make it more efficient and effective. This includes reducing the footprint of the federal government and limiting hiring to essential positions. In March 2017, Trump issued an Executive Order directing the proposal of a comprehensive plan to reform the federal government. In May 2018, he signed additional Executive Orders aimed at reforming the civil service and making federal operations more efficient.
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Marijuana's classification as a Schedule I substance
The classification of marijuana as Schedule I is inconsistent with the growing acceptance of medical marijuana across the United States. Marijuana's placement in this category is a federal classification, despite some states having legalized marijuana for personal, recreational, or medical use. This discrepancy has led to a complex legal situation, with federal and state laws conflicting.
The potential rescheduling of marijuana to Schedule III is anticipated as one of the most significant developments of 2025. This reclassification would acknowledge marijuana's recognized medical benefits and its potential for abuse being lower than that of Schedule I substances.
While Donald Trump has expressed support for state-led legalization and decriminalization of marijuana, his administration has not taken an official stance on the issue. There were efforts to ease federal restrictions, but they did not succeed. Marijuana advocates hope that Trump will support their cause and not allow bureaucratic procedures to hinder progress. The SAFE Banking Act, which would provide cannabis businesses with access to financial services, has gained traction and passed the Senate Banking Committee in 2023, but it has yet to receive full Senate approval.
In summary, marijuana's classification as a Schedule I substance is a complex issue that involves conflicting federal and state laws, ongoing debates about its medical benefits versus its potential for abuse, and the need for regulatory reform to keep pace with changing societal attitudes and state-level legalization efforts.
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Frequently asked questions
Trump has expressed support for state-led legalization of marijuana, but his federal stance is unclear. He has indicated that he supports the rescheduling of marijuana from a Schedule I to a Schedule III drug.
Trump has expressed support for the medical use of marijuana. He has also stated that he would probably support the STATES Act, which would effectively end the federal prohibition on marijuana and leave the issue up to the states.
Trump signed the 2018 farm bill, which descheduled some cannabis products from the Controlled Substances Act for the first time. He has also expressed support for the SAFE Banking Act, which would provide cannabis businesses with access to financial services.
There are concerns that Trump's administration could crack down on marijuana, as they have taken positions against the easing of laws regarding marijuana. His 2021 budget proposal included removing protections for state medical marijuana laws.
Trump's support for rescheduling marijuana is seen as a positive step by the cannabis industry, as it would help streamline operations and provide access to banking services. However, there are concerns that the lack of federal legalization or clear reform agenda could create regulatory uncertainties for businesses.
