BREAKING – TRUMP RESCHEDULING MARIJUANA

Breaking news – As I write this, President Trump is signing an Executive Order (EO) directing the Attorney General to reschedule marijuana to schedule III from its current (and longstanding) place on schedule I. Notably, in addition to rescheduling, the EO purportedly addresses hemp and full spectrum CBD. [Note – Since publishing this article I created a video discussing it. Click here to view the video. -Rod]

The EO can be read here. Here is the information we have now, directly from the White House “Fact Sheet” webpage:

RECOGNIZING AND IMPROVING KNOWLEDGE OF MEDICAL USES OF MARIJUANA AND CANNABIDIOL FOR PATIENTS AND DOCTORS: Today, President Donald J. Trump signed an Executive Order that will improve medical marijuana and cannabidiol research to better inform patients and doctors.

• The Order directs the Attorney General to expedite completion of the process of rescheduling marijuana to Schedule III of the Controlled Substance Act (CSA).
• The Order directs the White House Deputy Chief of Staff for Legislative, Political, and Public Affairs to work with the Congress to allow Americans to benefit from access to appropriate full-spectrum CBD products while still restricting the sale of products that pose serious health risks.
• The Order directs HHS to develop research methods and models utilizing real-world evidence to improve access to hemp-derived cannabinoid products in accordance with Federal law and to inform standards of care.

REMOVING BARRIERS TO RESEARCH: Rescheduling marijuana corrects the Federal government’s long delay in recognizing the medical use of marijuana and will vastly improve research on safety and efficacy.  

• Marijuana is currently controlled as a Schedule I substance, which is defined as having no currently accepted medical use, a high potential for abuse, and a lack of accepted safety for use under medical supervision. 
• Rescheduling marijuana to Schedule III is consistent with the 2023 recommendation from the Department of Health and Human Services (HHS) that recognized for the first time that marijuana has a currently accepted medical use.
• 40 U.S. states plus the District of Columbia have State or locally-sanctioned, regulated medical marijuana programs, and HHS found that 30,000 licensed health care practitioners are authorized to recommend the medical use of marijuana for more than six million registered patients for at least 15 medical conditions.
• The FDA reviewed the landscape of medical use of marijuana and found credible scientific support for its use to treat anorexia related to a medical condition, nausea and vomiting, and pain.
  • Chronic pain affects nearly one in four U.S. adults and more than one in three U.S. seniors, and six in 10 people who use medical marijuana report doing so to manage pain.
  • One in 10 seniors used marijuana in the last year and evidence shows improvements in some seniors’ health-related quality of life and pain with medical marijuana use.
• However, the lack of appropriate research on medical marijuana and consequent lack of FDA approval leaves American patients and doctors without adequate guidance on appropriate prescribing and utilization, especially as just over half of older Americans using marijuana have discussed the usage with their healthcare provider.
• Schedule III status will allow research studies to incorporate real-world evidence and models that can assess the health outcomes of medical marijuana and legal CBD products while focusing on long-term health effects in vulnerable populations like adolescents and young adults.

IMPROVING ACCESS TO CANNABIDIOL PRODUCTS: President Trump is paving the way for enhanced research and better information on hemp-derived cannabinoid products, helping to inform patients and doctors about their potential role in managing common health conditions.

• Hemp-derived cannabinoid products, primarily containing CBD, are not controlled substances under the CSA but currently lack a clear FDA regulatory pathway, limiting product consistency and consumer protections.
• Hemp-derived cannabinoid products have potential to improve patient symptoms for common ailments and are frequently used by Americans.
  • One in five U.S. adults and nearly 15% of seniors reported using CBD in the past year.
  • Clinical studies have shown that chronic pain patients have reported improvements with CBD use.
• The challenging legal landscape for CBD products, including recent changes that affect full-spectrum CBD products, leaves American patients and doctors without adequate guidance or product safeguards.
• Legislative solutions and innovative research methods and models are needed to improve access and inform standards of care. This Administration is committed to work expeditiously to provide clarity and access as appropriate.

Finally, the EO directly addresses hemp, stating:

“The Assistant to the President and Deputy Chief of Staff for Legislative, Political, and Public Affairs shall work with the Congress to update the statutory definition of final hemp-derived cannabinoid products to allow Americans to benefit from access to appropriate full-spectrum CBD products while preserving the Congress’s intent to restrict the sale of products that pose serious health risks. This will include consultation with appropriate executive departments and agencies and authorities to develop a regulatory framework for hemp-derived cannabinoid products, including development of guidance on an upper limit on milligrams of THC per serving with considerations on per container limits and CBD to THC ratio requirements. The Secretary of Health and Human Services, the Commissioner of Food and Drugs, the Administrator of the Centers for Medicare and Medicaid Services, and the Director of the National Institutes of Health shall develop research methods and models utilizing real-world evidence to improve access to hemp-derived cannabinoid products in accordance with Federal law and to inform standards of care.”

Click here for my thoughts and analysis.

December 18, 2025

Rod Kight is an international cannabis lawyer. He represents businesses throughout the cannabis industry. Additionally, Rod speaks at cannabis conferences, drafts and presents legislation to foreign governments, is regularly quoted on cannabis matters in the media, and is the editor of the Kight on Cannabis legal blog, which discusses legal issues affecting the cannabis industry. You can schedule a call with him by clicking here. 

 

 

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