David A. Lieb, Associated Press
President Donald Trump is seeing marijuana reclassification as a new, non-risk drug in a move that can tweak the federal government, close to an approach already accepted by many states.
Trump said Monday he would like to decide whether to support changes to how marijuana is regulated in the coming weeks. The new focus on marijuana comes more than a year after former President Joe Biden’s administration officially proposed to reclassify marijuana. No decision was made before Biden resigned.
Meanwhile, many states are already ahead of the federal government by legalizing or allowing recreational use of marijuana for adults.
What is the federal policy regarding marijuana?
Owning marijuana remains a federal crime punished by fines and prison time. The sale or cultivation of marijuana is a more serious crime and can be sentenced to a prison sentence of five years, depending on the amount of drugs.
Last year, the Department of Justice proposed reclassifying marijuana from Schedule I drugs, ranging from low-risk Schedule III substances, including ketamine and some anabolic steroids, along with heroin and LSD. But the switch involved a long bureaucratic process.
Approximately 43,000 public comments have been submitted to the federal government regarding the proposed changes. The Drug Enforcement Agency was still in the review process when Trump took over Biden in January, causing a rethinking of policy across the federal government.
What does marijuana reclassification mean?
Reclassification of marijuana is not legal for recreational use by adults across the country. Rather, it will change regulations and taxation methods.
Federal income tax credits for business expenses are not available to businesses involved in “trafficking” Schedule I or II drugs. Changing marijuana to a Schedule III drug could mean significant tax savings for companies licensed to sell marijuana in legitimate states.
Additionally, it is extremely difficult to carry out clinical research certified with Schedule I substances, which may make marijuana research easier.
Due to the potential federal penalties, many banks and financial institutions do not offer debit or credit services, loans, or other common banking products to marijuana companies authorized under state law. It is unlikely to change simply by rescheduling marijuana under the federal controlled substances law, according to a report from Congressional Research Services.
What should Trump consider?
Trump has weighed the pros and cons of marijuana policy changes, pointing out that it is a “very complicated subject.”
“I’ve heard of medical care,” Trump said Monday that marijuana use and “bad things that relate to almost everything else.”
Marijuana advocacy groups have long pushed the federal government to ease that attitude. As a candidate, Trump appears to be open to relaxed regulations, posting last year on his social media platform “focusing on research to unlock marijuana’s medical use against schedule 3 drugs.”
However, the reclassification faces resistance from some conservatives and law enforcement groups. The National Sheriff’s Association is one of those who submitted written opposition, highlighting the prior decision that marijuana has “high potential for abuse,” pointing to “extremely addicted” and fatal vehicle crash incidents.
What’s going on in America?
Medical use of marijuana is already permitted in 40 states and the District of Columbia. Over the past decades, the number of jurisdictions that legalize adult recreational marijuana has risen rapidly to 24 states and the District of Columbia.
However, the movement has suffered from several recent set-ups.
Voting measures to legalize recreational marijuana failed last fall in Florida, North Dakota and South Dakota. The Florida measure received a majority vote, which would have been sufficient for most states, but was not enough to the 60% threshold required to approve amendments to the state’s constitution.
This year, Idaho lawmakers introduced proposed constitutional amendments to vote to ban civil initiatives that legalize marijuana and instead leave such decisions to legislature alone.
The initiative continues elsewhere to try to place recreational marijuana on the ballot, including in Oklahoma, where voters broke the measure in 2023.
What data do you say about marijuana use?
According to the Associated Press Voting, a survey of more than 120,000 voters during last year’s election, about six voters out of 10 people across the country said they prefer to legalize recreational use nationwide.
Polling from Gallup has seen a significant increase in support for legalizing marijuana, up from just 36% in 2005 to 68% last year.
Marijuana use is also on the rise. More than 64 million Americans (or 22.3% of people) over the age of 12 have used marijuana in the past year, according to a 2024 national survey recently released by the Federal Agency for Substance Abuse and Mental Health Services. That’s increased from 19% of people in 2021.
Research shows that marijuana use growth was promoted by adults over the age of 26. However, people ages 18-25 remain most likely to participate in marijuana, with 35% reporting over the past year.
Original issue: August 12, 2025, 2:13pm EDT
