Cannabis Industry Braces for Potential Trump Executive Order on Rescheduling

Cannabis rescheduling just might be within our reach. The cannabis industry is buzzing with anticipation that as soon as Monday, President Donald Trump, may issue an executive order to instruct his administration to reschedule cannabis’s classification from Schedule I to Schedule III (1,2).

In an August 2025 press conference, the president was reported saying (3), “We're only looking at that.” Trump then added, “That's early, but you know, somebody reported it, which is fine. We're looking at it. Some people like it, some people hate it. Some people hate the whole concept of marijuana because if it does bad for the children, it does bad for people that are older than children. But we're looking at reclassification and we'll make a determination over the next, I would say, over the next few weeks and that determination hopefully will be the right one. It's very complicated subject, you know, the subject of marijuana. I've heard great things having to do with medical and I've had bad things having to do with just about everything else but medical, and you know, for pain and various things I've heard some pretty good things. But for other things I've heard some pretty bad things.”

NORML reported that Trump wrote in a Truth Social post last year that ““As President, we will continue to focus on research to unlock the medical uses of marijuana to a Schedule 3 drug, and work with Congress to pass common sense laws, including SAFE banking for state authorized companies, and supporting states’ rights to pass marijuana laws,” (1).

In August 2023, the US Department of Health and Human Services (HHS), one of the top government agencies, recommended that cannabis be rescheduled from a Schedule I drug to a Schedule III drug (1,4).

HHS’s scheduling recommendation about cannabis was sent over to the DEA due to President Joe Biden’s directive to HHS (4), a spokesperson from the DEA reported.

"As part of this process, HHS conducted a scientific and medical evaluation for consideration by DEA. DEA has the final authority to schedule or reschedule a drug under the Controlled Substances Act. DEA will now initiate its review," a DEA spokesperson said (4).

NORML’s Deputy Director Paul Armentano said (1), “Removing cannabis from its Schedule I classification validates the experiences of tens of millions of Americans, as well as those of tens of thousands of physicians, who have long recognized that cannabis possesses legitimate medical utility. But while such a move potentially provides some benefits to patients, and veterans especially, it still falls well short of the changes necessary to bring federal marijuana policy into the 21st century.”

“Specifically, rescheduling fails to harmonize federal marijuana policy with the cannabis laws of most states, particularly the 24 states that have legalized its use and sale to adults — thereby leaving those who produce, dispense, possess, or use marijuana in compliance with state laws in jeopardy of federal prosecution,” Armentano added. “In order to rectify this state/federal conflict, and in order to provide state governments with the explicit authority to establish their own cannabis regulatory policies — like they already possess with respect to alcohol — cannabis must be removed from the Controlled Substances Act altogether. Doing so would affirm America’s longstanding principles of federalism and appeal to Americans’ deep-rooted desires to be free from undue government intrusion into their daily lives.”

Despite using an executive order, the President will not be able to reschedule cannabis. However, Trump will be able to “direct requisite agencies, like the Office of the US Attorney General, to take steps necessary to reclassify the substance,” (1). As the formal rule is updated in the Federal Registrar, interested parties will be able “to challenge the order legally, which could further delay the process,” but if no legal challenge is provided, the rule change could take effect within 30 days.

References

1. Norml. Trump’s decision on marijuana rescheduling may be imminent https://norml.org/blog/2025/12/12/media-reports-white-house-decision-on-marijuana-rescheduling-may-be-imminent/ (accessed Dec 12, 2025).
2. Harring, A.; Gomez, B. Trump expected to sign executive order to reclassify marijuana as soon as Monday, source tells CNBC; pot stocks surge https://www.cnbc.com/2025/12/12/cannabis-stocks-trump-regulations.html (accessed Dec 12, 2025).
3. McEvoy, E. Trump administration examining possibility of cannabis rescheduling https://www.cannabissciencetech.com/view/trump-administration-examining-possibility-of-cannabis-rescheduling (accessed Dec 12, 2025).
4. Colli, M.; McEvoy, E. Shifting tides: US department of health and human services recommends cannabis rescheduling from schedule I to schedule III https://www.cannabissciencetech.com/view/shifting-tides-us-department-of-health-and-human-services-recommends-cannabis-rescheduling-from-schedule-i-to-schedule-iii (accessed Dec 12, 2025).