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Will increase in Variety of States That Have Legalized Marijuana Obscures Truth That Hashish Stays Federally Unlawful in 2025 – MEDCAN24


Even although on Nov. 5, 2024, Nebraska turned the fifteenth state to legalize solely medical marijuana, and even supposing 24 different states have legalized twin adult- and medical-use hashish—none of that has modified the truth that hashish use and sale stays a federal offense. From smoking, vaping or ingesting alone or at a celebration to rising, transporting, or offering to a different—for cash or without spending a dime—all quantity to federally legal exercise.

Easy marijuana possession, sometimes private utilization with no federally acknowledged prescription or with out federal authorization, is a federal legal offense in violation of 21 United States Code 844. And when marijuana is possessed “with intent to distribute” or when it’s truly distributed, manufactured, cultivated, offered, or transferred—that too is a federal crime in violation of 21 United States Code part 841(a).

These convicted of such offenses can face federal jail time, with the size of the custody sentence primarily based on the quantity of the substance concerned within the transaction. For instance, somebody who possesses 100 marijuana vegetation of any measurement (however lower than 1,000 vegetation) faces a obligatory minimal sentence of 5 years of imprisonment with out parole.

Plus, most shocking to many who use or who’re within the business, federal drug offenses base the severity of penalties not on the burden of the pure substance, however somewhat on the burden of the entire combination or substance containing a detectable quantity of the federally unlawful substance.  Which means if somebody possesses marijuana lower with filler (like oregano), the jail time is predicated on the mixed weight of the drug and the filler.

No doctor practising drugs in the USA, who has a DEA license to prescribe remedy, can prescribe marijuana. In the event that they do, they danger reprisals in opposition to their DEA licenses to prescribe narcotics. This is the reason in states which have legalized medical marijuana, these physicians situation “suggestions” for sufferers to make use of the substance. These physicians and the marijuana-legal states clarify that medical marijuana can be utilized by a affected person if the affected person has a “advice” from a doctor. This leaves virtually any individual in possession of marijuana to face doable federal legal publicity. 

Even those that use medical marijuana in jurisdictions which have legalized medical marijuana are susceptible to federal prosecution. The US Supreme Courtroom within the case, Gonzales v. Raich, 545 U.S. 1 (2005), dominated that Congress acted constitutionally when it criminalized drug (marijuana) use and that even when somebody used home-grown marijuana for medical causes, in a medically authorized state, the individuals to the transaction might face federal legal publicity.  

Within the Gonzales v. Raich case, the DEA seized home-grown marijuana from medical customers below the care of a doctor in a medically authorized state. A gaggle of medical customers sued the federal authorities (the DEA and the U.S. legal professional basic of the United States) arguing that Congress might solely constitutionally regulate commerce between the states and that rising medical marijuana to be used in a single state was not one thing that the federal authorities (Congress) might regulate and criminalize. The excessive courtroom, in a 6-3 opinion, held that Congress has the constitutional authority, regardless of state regulation on the contrary, to regulate and prohibit the cultivation and use of marijuana.

Backstory: Hashish has been federally unlawful for over 50 years, because the passage of the CSA.

Marijuana has been federally unlawful for over 50 years. The criminalization of marijuana by federal authorities is a results of President Richard Nixon’s signature drug laws, the Complete Drug Abuse Prevention and Management Act of 1970 of which Article II is titled because the Managed Substances Act (CSA). 

The CSA categorised all federally “managed” substances into 5 classes, recognized as schedules I, II, III, IV, and V.

Schedule I substances are deemed essentially the most dangerous and addictive; they embody heroin, LSD, peyote and marijuana. Possession—medically or in any other case—is (in virtually all situations besides grandfathered-in marijuana utilizing glaucoma patientsand the few permitted federal analysis permits) prohibited below federal regulation.

Schedules II via V concern a variety of medicines (see Werner-Simon Scheduling chart beneath) from these which are extremely addictive however with a at present accepted medical use in Schedule II to Schedule V-type remedy, particularly substances, like diarrhea remedy, with the bottom danger of bodily and psychological dependency.

5 Schedules Jws© Werner-Simon/Authorized Buds® 2024

President Nixon’s marketing campaign in opposition to marijuana use, and its placement within the CSA as a Schedule I unlawful drug, was primarily based, in giant measure, on who the then-president perceived used the drug (such as these protesting America’s involvement in Vietnam). 

The federal place on marijuana is and stays that the substance has no accepted medical use. The present DEA.gov web site marijuana reality sheet makes clear that: Marijuana is a Schedule I substance below the Managed Substances Act, which means that it has a excessive potential for abuse, no at present accepted medical use in therapy in the USA, and a scarcity of accepted security to be used below medical supervision.

Former President Biden’s administration made vital efforts to reschedule marijuana, however the clock ran out.

(i)           Federal Legalization Efforts in 2022

On Oct. 6, 2022, President Joe Biden issued pardons for defendants convicted of easy federal marijuana possession. In the identical pronouncement, the president directed the manager department’s then-U.S. Legal professional Basic Merrick Garland and then-Well being and Human Companies (HHS) Secretary Xavier Becerra to conduct an administrative, science-based evaluate regarding marijuana’s classification below the federal Managed Substances Act.

(ii)          Federal Legalization Efforts in 2023

After virtually 11 months, on Aug. 29, 2023, Beccera issued a 250-plus web page scientific evaluation  (redacted in its unique launch and launched with out redaction on Jan. 12, 2024) in which the company really helpful that the DEA reclassify marijuana as a Schedule III substance.

A part of HHS’ evaluation consisted of the Meals & Drug Administration’s (FDA) discovery that throughout the USA in state-legal regimes, “greater than 30,000 [health care professionals] are licensed to suggest using marijuana for greater than six million registered sufferers, constituting widespread scientific expertise related to [the treatment of] varied medical circumstances.”

(iii)       Federal Legalization Efforts in 2024

Regardless of all of the scientific and medical evaluate by the FDA, then-DEA Administrator Anne Milgram, on Might 7, 2024, testified earlier than a U.S. Home Committee, insisting that the DEA [an agency in the U.S. Department of Justice] had the “last authority” on scheduling and rescheduling medicine below the CSA.

Only a week later, on Might 16, 2024, Garland formally requested via a 92-page Discover of Proposed Rule Making (NPRM) that the DEA  “transfer” marijuana to Schedule III. At that point, Garland wrote, “There’s, at current, substantial proof that marijuana doesn’t warrant management below Schedule I of the CSA”.

Usually, the DEA administrator, not the legal professional basic, indicators the NPRM relating to managed substances scheduling.

The dearth of the DEA official’s signature on the NPRM was interpreted by some as a scarcity of want by the DEA to totally assist marijuana’s “discount” in schedule designation. In truth, tucked 13 pages into the 92-page memo had been the phrases the “DEA has not but made a dedication as to its views of the suitable schedule for marijuana.”

Whatever the controversy over the signature or particular DOJ proponent of the NPRM, on Might 21, 2024, the DEA printed the proposed rule to reschedule marijuana as a Schedule III substance within the Federal Register. The DEA docket quantity included the addition of “A.G. Order No. 5931-2024” on the NPRM, indicating that the proposal got here from Garland and never the DEA.

Federal Register 3federalregister.gov

The posting of the NPRM marked the start of the 60-day discover and remark interval by the general public.

By the point the remark interval closed on July 22, 2024, an unprecedented deluge of responses had been obtained. Particularly, some 43,000 feedback had been obtained.  (The Federal Register dated Might 21, 2024, lists the exact quantity at 43,565.)

Roughly 17.5% of the feedback had been submitted in the final three days of the 60-day remark interval, and 69% (or 29,750) of the feedback supported “descheduling, decriminalizing, or legalizing marijuana on the federal stage”.

In keeping with the Drug Coverage Alliance, the drug assume tank that studied the submissions, virtually 70% of the general public commenters didn’t consider that marijuana ought to be a federally managed drug, in any respect. The bulk of commentators held the view that rescheduling (or downgrading) marijuana to a decrease federal classification was not sufficient.   

Most defined {that a} Schedule III designation (which is a managed substance with a at present accepted medical use and a reasonable to low bodily dependence) was nonetheless too egregious. Many argued that marijuana shouldn’t even be a part of the five-category classification of the Managed Substances Act.

On Oct. 28, 2024, Milgram introduced in a letter that the rescheduling of marijuana could be heard earlier than an ALJ (a DEA administrative regulation decide). She chosen the DEA’s chief ALJ, John Mulrooney, to conduct the evidentiary listening to. There, these for and in opposition to the rescheduling proposal (chosen by the DEA) had been deemed by the DEA to be certified to testify as a “designated participant” or an “ individual.” (These phrases are administrative process “phrases of artwork”the latter being somebody whom the ALJ decides could be sufficiently “adversely affected or aggrieved” by the proposed scheduling motion to qualify as an “ individual” permitted to testify below the laws.) 

The scope of the testimony would come with (amongst different issues) marijuana’s purported medical efficacy, addictiveness and its placement on the CSA drug schedule.

Pursuant to the Administrative Procedures Act, ALJs conduct formal hearings and adjudications (5 U.S.C. § 551, et seq.) in reference to enforcement and regulatory instances introduced by the Drug Enforcement Administration (DEA) below the Managed Substances Act (21 U.S.C. § 801, et seq.) and its attendant laws (21 C.F.R. § 1300, et seq.). In DEA instances, the ALJ points a “really helpful choice” for the DEA’s subsequent step and forwards it to the DEA administrator. Then the administrator decides to just accept, reject or modify the advice and points the ultimate company choice relating to the rulemaking.

The taking of testimony was set to start on Dec. 2, 2024, on the DEA Headquarters in Arlington, Va. 

The courtroom was full on that day with designated individuals and their legal professionals and there was a lot curiosity that the DEA had a reside video feed.

Dea Hearing Grab

Nonetheless, as a substitute of taking testimony, the decide mentioned setting the evidentiary listening to in early 2025. The ALJ reworked the continuing right into a ministerial “preliminary” by deciding not simply the calendar, but additionally by reviewing the DEA’s “designated individuals” per 21 U.S.C. sec. 811 as “ individual” choices and figuring out whether or not they certified below the Administrative Procedures Act as “ individuals,” having “standing” to testify. 

Two days later, on Dec. 4, 2024, the courtroom issued a 10-page order detailing the dates of testimony from the authorities and all “ individuals” spanning Jan. 21, 2025, via March 6, 2025.

(iv)        The rescheduling mojo stopped on Jan. 13, 2025, seven days earlier than the inauguration of President Trump.

On Jan. 13, 2025, the ALJ known as off the evidentiary listening to. The courtroom said that “the listening to on the deserves that was scheduled to start on Jan. 21, 2025, is CANCELLED (sic), and proceedings on this matter are STAYED, pending a decision of the interlocutory enchantment to the DEA administrator.

That very same day, Jan. 13, 2025, DEA Diversion Part Legal professional S. Taylor Johnson wrote (in a tangentially associated pleading) that “[m]arijuana is presently a Schedule I managed substance, and DEA continues to deal with it as such.” He added that the “DEA’s mandate to implement the regulation, see 21 U.S.C. § 801, et seq., and scale back illicit drug use, doesn’t bar DEA from serving because the proponent of the proposed rule. Certainly, if that had been the case, DEA would by no means be capable of suggest descheduling a managed substance with out first abandoning its responsibility to implement the regulation.”

The DEA, which rightfully insisted below administrative regulation, that it had the ultimate authority as as to whether marijuana would or ought to be rescheduled, had run-out-the clock. With no listening to on rescheduling within the offing, marijuana stays (because it has been for over 5 a long time) federally unlawful.

President Trump’s DEA administrator-nominee is anti-marijuana.

On Feb. 11, 2025, President Trump nominated Terry Cole, a Virginian, to be the DEA administrator. Cole is described by the hashish advocacy business as “aligned” with Nancy Reagan’s anti-marijuana “Simply Say No” motion and was the top of Virginia’s Division of Public Security working for Virginia’s anti-marijuana Gov. Glenn Youngkin.

Recounting a go to in March 2024 to the Virginia Hashish Management Authority, Cole, in a LinkedIn publish, said “All people is aware of my stance on marijuana after 30-plus years in regulation enforcement, so don’t even ask!” His anti-marijuana hashtags included #justsayno and #notlegal4distribution.

Whereas President Trump has taken inconsistent positions on legalization, his earlier and present attorneys basic have been against marijuana legalization.

President Trump has flip-flopped on the problem of marijuana legalization (choosing in his first time period because the forty fifth president two U.S. attorneys basic, Jeff Classes and Invoice Barr, who had been adamantly anti-marijuana legalization). Then, subsequently, as a personal citizen in 2024, earlier than his election because the forty seventh president, Trump asserted that he, a Florida resident, could be supporting Florida’s (finally unsuccessful) adult-use poll initiative.   

Trump’s just lately Senate-confirmed Legal professional Basic Pam Bondi, when serving as Florida’s state legal professional basic, got here out in opposition to medical legalization when that initiative was being thought-about in Florida. But, candidate Trump, within the fall of 2024, mentioned he supported rescheduling and banking reform.

Greatest guess? Marijuana will stay federally unlawful for the speedy future.

To this point, none of President Trump’s flood of government orders (113 as of Feb. 26, 2025) issues marijuana legalization or reform. The executive rescheduling listening to has been canceled. The ball is again within the DEA’s courtroom. It can withdraw the proposed rule; it might probably publish the rule as is or insist on a rescheduling listening to and “change up” the record of individuals (chosen by the earlier administration’s DEA head).

The outcome? Marijuana reform is in limbo. It stays federally unlawful in the intervening time, with each the president’s DOJ appointee and DEA nominee showing to be within the anti-legalization camp. Stakeholders nicely know now (as marijuana’s present standing proves), that elections have penalties.



Even although on Nov. 5, 2024, Nebraska turned the fifteenth state to legalize solely medical marijuana, and even supposing 24 different states have legalized twin adult- and medical-use hashish—none of that has modified the truth that hashish use and sale stays a federal offense. From smoking, vaping or ingesting alone or at a celebration to rising, transporting, or offering to a different—for cash or without spending a dime—all quantity to federally legal exercise.

Easy marijuana possession, sometimes private utilization with no federally acknowledged prescription or with out federal authorization, is a federal legal offense in violation of 21 United States Code 844. And when marijuana is possessed “with intent to distribute” or when it’s truly distributed, manufactured, cultivated, offered, or transferred—that too is a federal crime in violation of 21 United States Code part 841(a).

These convicted of such offenses can face federal jail time, with the size of the custody sentence primarily based on the quantity of the substance concerned within the transaction. For instance, somebody who possesses 100 marijuana vegetation of any measurement (however lower than 1,000 vegetation) faces a obligatory minimal sentence of 5 years of imprisonment with out parole.

Plus, most shocking to many who use or who’re within the business, federal drug offenses base the severity of penalties not on the burden of the pure substance, however somewhat on the burden of the entire combination or substance containing a detectable quantity of the federally unlawful substance.  Which means if somebody possesses marijuana lower with filler (like oregano), the jail time is predicated on the mixed weight of the drug and the filler.

No doctor practising drugs in the USA, who has a DEA license to prescribe remedy, can prescribe marijuana. In the event that they do, they danger reprisals in opposition to their DEA licenses to prescribe narcotics. This is the reason in states which have legalized medical marijuana, these physicians situation “suggestions” for sufferers to make use of the substance. These physicians and the marijuana-legal states clarify that medical marijuana can be utilized by a affected person if the affected person has a “advice” from a doctor. This leaves virtually any individual in possession of marijuana to face doable federal legal publicity. 

Even those that use medical marijuana in jurisdictions which have legalized medical marijuana are susceptible to federal prosecution. The US Supreme Courtroom within the case, Gonzales v. Raich, 545 U.S. 1 (2005), dominated that Congress acted constitutionally when it criminalized drug (marijuana) use and that even when somebody used home-grown marijuana for medical causes, in a medically authorized state, the individuals to the transaction might face federal legal publicity.  

Within the Gonzales v. Raich case, the DEA seized home-grown marijuana from medical customers below the care of a doctor in a medically authorized state. A gaggle of medical customers sued the federal authorities (the DEA and the U.S. legal professional basic of the United States) arguing that Congress might solely constitutionally regulate commerce between the states and that rising medical marijuana to be used in a single state was not one thing that the federal authorities (Congress) might regulate and criminalize. The excessive courtroom, in a 6-3 opinion, held that Congress has the constitutional authority, regardless of state regulation on the contrary, to regulate and prohibit the cultivation and use of marijuana.

Backstory: Hashish has been federally unlawful for over 50 years, because the passage of the CSA.

Marijuana has been federally unlawful for over 50 years. The criminalization of marijuana by federal authorities is a results of President Richard Nixon’s signature drug laws, the Complete Drug Abuse Prevention and Management Act of 1970 of which Article II is titled because the Managed Substances Act (CSA). 

The CSA categorised all federally “managed” substances into 5 classes, recognized as schedules I, II, III, IV, and V.

Schedule I substances are deemed essentially the most dangerous and addictive; they embody heroin, LSD, peyote and marijuana. Possession—medically or in any other case—is (in virtually all situations besides grandfathered-in marijuana utilizing glaucoma patientsand the few permitted federal analysis permits) prohibited below federal regulation.

Schedules II via V concern a variety of medicines (see Werner-Simon Scheduling chart beneath) from these which are extremely addictive however with a at present accepted medical use in Schedule II to Schedule V-type remedy, particularly substances, like diarrhea remedy, with the bottom danger of bodily and psychological dependency.

5 Schedules Jws© Werner-Simon/Authorized Buds® 2024

President Nixon’s marketing campaign in opposition to marijuana use, and its placement within the CSA as a Schedule I unlawful drug, was primarily based, in giant measure, on who the then-president perceived used the drug (such as these protesting America’s involvement in Vietnam). 

The federal place on marijuana is and stays that the substance has no accepted medical use. The present DEA.gov web site marijuana reality sheet makes clear that: Marijuana is a Schedule I substance below the Managed Substances Act, which means that it has a excessive potential for abuse, no at present accepted medical use in therapy in the USA, and a scarcity of accepted security to be used below medical supervision.

Former President Biden’s administration made vital efforts to reschedule marijuana, however the clock ran out.

(i)           Federal Legalization Efforts in 2022

On Oct. 6, 2022, President Joe Biden issued pardons for defendants convicted of easy federal marijuana possession. In the identical pronouncement, the president directed the manager department’s then-U.S. Legal professional Basic Merrick Garland and then-Well being and Human Companies (HHS) Secretary Xavier Becerra to conduct an administrative, science-based evaluate regarding marijuana’s classification below the federal Managed Substances Act.

(ii)          Federal Legalization Efforts in 2023

After virtually 11 months, on Aug. 29, 2023, Beccera issued a 250-plus web page scientific evaluation  (redacted in its unique launch and launched with out redaction on Jan. 12, 2024) in which the company really helpful that the DEA reclassify marijuana as a Schedule III substance.

A part of HHS’ evaluation consisted of the Meals & Drug Administration’s (FDA) discovery that throughout the USA in state-legal regimes, “greater than 30,000 [health care professionals] are licensed to suggest using marijuana for greater than six million registered sufferers, constituting widespread scientific expertise related to [the treatment of] varied medical circumstances.”

(iii)       Federal Legalization Efforts in 2024

Regardless of all of the scientific and medical evaluate by the FDA, then-DEA Administrator Anne Milgram, on Might 7, 2024, testified earlier than a U.S. Home Committee, insisting that the DEA [an agency in the U.S. Department of Justice] had the “last authority” on scheduling and rescheduling medicine below the CSA.

Only a week later, on Might 16, 2024, Garland formally requested via a 92-page Discover of Proposed Rule Making (NPRM) that the DEA  “transfer” marijuana to Schedule III. At that point, Garland wrote, “There’s, at current, substantial proof that marijuana doesn’t warrant management below Schedule I of the CSA”.

Usually, the DEA administrator, not the legal professional basic, indicators the NPRM relating to managed substances scheduling.

The dearth of the DEA official’s signature on the NPRM was interpreted by some as a scarcity of want by the DEA to totally assist marijuana’s “discount” in schedule designation. In truth, tucked 13 pages into the 92-page memo had been the phrases the “DEA has not but made a dedication as to its views of the suitable schedule for marijuana.”

Whatever the controversy over the signature or particular DOJ proponent of the NPRM, on Might 21, 2024, the DEA printed the proposed rule to reschedule marijuana as a Schedule III substance within the Federal Register. The DEA docket quantity included the addition of “A.G. Order No. 5931-2024” on the NPRM, indicating that the proposal got here from Garland and never the DEA.

Federal Register 3federalregister.gov

The posting of the NPRM marked the start of the 60-day discover and remark interval by the general public.

By the point the remark interval closed on July 22, 2024, an unprecedented deluge of responses had been obtained. Particularly, some 43,000 feedback had been obtained.  (The Federal Register dated Might 21, 2024, lists the exact quantity at 43,565.)

Roughly 17.5% of the feedback had been submitted in the final three days of the 60-day remark interval, and 69% (or 29,750) of the feedback supported “descheduling, decriminalizing, or legalizing marijuana on the federal stage”.

In keeping with the Drug Coverage Alliance, the drug assume tank that studied the submissions, virtually 70% of the general public commenters didn’t consider that marijuana ought to be a federally managed drug, in any respect. The bulk of commentators held the view that rescheduling (or downgrading) marijuana to a decrease federal classification was not sufficient.   

Most defined {that a} Schedule III designation (which is a managed substance with a at present accepted medical use and a reasonable to low bodily dependence) was nonetheless too egregious. Many argued that marijuana shouldn’t even be a part of the five-category classification of the Managed Substances Act.

On Oct. 28, 2024, Milgram introduced in a letter that the rescheduling of marijuana could be heard earlier than an ALJ (a DEA administrative regulation decide). She chosen the DEA’s chief ALJ, John Mulrooney, to conduct the evidentiary listening to. There, these for and in opposition to the rescheduling proposal (chosen by the DEA) had been deemed by the DEA to be certified to testify as a “designated participant” or an “ individual.” (These phrases are administrative process “phrases of artwork”the latter being somebody whom the ALJ decides could be sufficiently “adversely affected or aggrieved” by the proposed scheduling motion to qualify as an “ individual” permitted to testify below the laws.) 

The scope of the testimony would come with (amongst different issues) marijuana’s purported medical efficacy, addictiveness and its placement on the CSA drug schedule.

Pursuant to the Administrative Procedures Act, ALJs conduct formal hearings and adjudications (5 U.S.C. § 551, et seq.) in reference to enforcement and regulatory instances introduced by the Drug Enforcement Administration (DEA) below the Managed Substances Act (21 U.S.C. § 801, et seq.) and its attendant laws (21 C.F.R. § 1300, et seq.). In DEA instances, the ALJ points a “really helpful choice” for the DEA’s subsequent step and forwards it to the DEA administrator. Then the administrator decides to just accept, reject or modify the advice and points the ultimate company choice relating to the rulemaking.

The taking of testimony was set to start on Dec. 2, 2024, on the DEA Headquarters in Arlington, Va. 

The courtroom was full on that day with designated individuals and their legal professionals and there was a lot curiosity that the DEA had a reside video feed.

Dea Hearing Grab

Nonetheless, as a substitute of taking testimony, the decide mentioned setting the evidentiary listening to in early 2025. The ALJ reworked the continuing right into a ministerial “preliminary” by deciding not simply the calendar, but additionally by reviewing the DEA’s “designated individuals” per 21 U.S.C. sec. 811 as “ individual” choices and figuring out whether or not they certified below the Administrative Procedures Act as “ individuals,” having “standing” to testify. 

Two days later, on Dec. 4, 2024, the courtroom issued a 10-page order detailing the dates of testimony from the authorities and all “ individuals” spanning Jan. 21, 2025, via March 6, 2025.

(iv)        The rescheduling mojo stopped on Jan. 13, 2025, seven days earlier than the inauguration of President Trump.

On Jan. 13, 2025, the ALJ known as off the evidentiary listening to. The courtroom said that “the listening to on the deserves that was scheduled to start on Jan. 21, 2025, is CANCELLED (sic), and proceedings on this matter are STAYED, pending a decision of the interlocutory enchantment to the DEA administrator.

That very same day, Jan. 13, 2025, DEA Diversion Part Legal professional S. Taylor Johnson wrote (in a tangentially associated pleading) that “[m]arijuana is presently a Schedule I managed substance, and DEA continues to deal with it as such.” He added that the “DEA’s mandate to implement the regulation, see 21 U.S.C. § 801, et seq., and scale back illicit drug use, doesn’t bar DEA from serving because the proponent of the proposed rule. Certainly, if that had been the case, DEA would by no means be capable of suggest descheduling a managed substance with out first abandoning its responsibility to implement the regulation.”

The DEA, which rightfully insisted below administrative regulation, that it had the ultimate authority as as to whether marijuana would or ought to be rescheduled, had run-out-the clock. With no listening to on rescheduling within the offing, marijuana stays (because it has been for over 5 a long time) federally unlawful.

President Trump’s DEA administrator-nominee is anti-marijuana.

On Feb. 11, 2025, President Trump nominated Terry Cole, a Virginian, to be the DEA administrator. Cole is described by the hashish advocacy business as “aligned” with Nancy Reagan’s anti-marijuana “Simply Say No” motion and was the top of Virginia’s Division of Public Security working for Virginia’s anti-marijuana Gov. Glenn Youngkin.

Recounting a go to in March 2024 to the Virginia Hashish Management Authority, Cole, in a LinkedIn publish, said “All people is aware of my stance on marijuana after 30-plus years in regulation enforcement, so don’t even ask!” His anti-marijuana hashtags included #justsayno and #notlegal4distribution.

Whereas President Trump has taken inconsistent positions on legalization, his earlier and present attorneys basic have been against marijuana legalization.

President Trump has flip-flopped on the problem of marijuana legalization (choosing in his first time period because the forty fifth president two U.S. attorneys basic, Jeff Classes and Invoice Barr, who had been adamantly anti-marijuana legalization). Then, subsequently, as a personal citizen in 2024, earlier than his election because the forty seventh president, Trump asserted that he, a Florida resident, could be supporting Florida’s (finally unsuccessful) adult-use poll initiative.   

Trump’s just lately Senate-confirmed Legal professional Basic Pam Bondi, when serving as Florida’s state legal professional basic, got here out in opposition to medical legalization when that initiative was being thought-about in Florida. But, candidate Trump, within the fall of 2024, mentioned he supported rescheduling and banking reform.

Greatest guess? Marijuana will stay federally unlawful for the speedy future.

To this point, none of President Trump’s flood of government orders (113 as of Feb. 26, 2025) issues marijuana legalization or reform. The executive rescheduling listening to has been canceled. The ball is again within the DEA’s courtroom. It can withdraw the proposed rule; it might probably publish the rule as is or insist on a rescheduling listening to and “change up” the record of individuals (chosen by the earlier administration’s DEA head).

The outcome? Marijuana reform is in limbo. It stays federally unlawful in the intervening time, with each the president’s DOJ appointee and DEA nominee showing to be within the anti-legalization camp. Stakeholders nicely know now (as marijuana’s present standing proves), that elections have penalties.

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