The Trump administration recently took a step regarding cannabis rescheduling, though it’s only a partial move. Last week, acting Attorney General Todd Blanche signed an order that reclassifies certain cannabis products. Medical cannabis products and those approved by the FDA will shift from Schedule I—substances considered to have no medical use—to Schedule III. This new category includes regulated substances like some versions of Tylenol with codeine.
However, the announcement has left many in the cannabis industry puzzled. Cat Packer, from the Drug Policy Alliance, pointed out that this doesn’t mean marijuana is being broadly rescheduled; it’s more of a limited adjustment. She emphasized that the “FDA-approved” clause only applies to future products that aren’t on the market yet and does not change the status of existing FDA-approved cannabis medications.
Packer also expressed concern that the new classification may unfairly set the stage for how future cannabis products will be regulated, without a comprehensive risk assessment. The order cites a 1961 UN treaty that requires strict controls on narcotics, including cannabis. Yet, Packer noted the U.S. is already out of sync with this treaty due to increasing legalization at the state level.
In Canada, for instance, cannabis is fully legal and regulated, despite the same international obligations. Packer believes the recent announcement may further complicate an already complex situation instead of clarifying it.
Industry leaders are voicing their confusion, too. Ryan Hunter, from Spherex Labs in Colorado, described the announcement as “silly” and questioned the rationale behind it. Alex Gonzalez, co-founder of Calyx Containers, speculated that the timing might connect to upcoming midterm elections, as more younger voters support cannabis legalization.
While the changes signal some progress for medical cannabis, the specifics of implementation remain murky. Packer highlighted that, even though medical cannabis is now recognized federally, patients could still face discrimination in housing and job markets based on their cannabis use.
Importantly, this order may favor white cannabis entrepreneurs more than others. To benefit from the changes, only medical providers can register with the DEA. This might exclude many Black and Latino business owners, who are more likely to hold adult-use licenses due to historical barriers in entering the medical market.
Looking ahead, the DEA plans to hold hearings on rescheduling on June 29. While there’s hope for broader changes, experts like Packer caution that full rescheduling isn’t guaranteed. Even if marijuana were to be rescheduled, it might still not align with the growing public support for legalizing cannabis fully. A Pew Research study shows that for over a decade, most Americans have favored complete legalization for both medical and recreational use.
For more on the current state of cannabis legislation, you can check out this Pew Research report.
