House Appropriations Committee Advances FY26 Spending Bill Blocking Cannabis Rescheduling

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On September 10, 2025, the House Appropriations Committee approved the Fiscal Year 2026 Commerce, Justice, Science, and Related Agencies Appropriations Act (1). The final vote was 34 to 28 (2).

“The FY26 CJS bill is about protecting the nation on every front—safeguarding our streets, restoring fiscal discipline, defending constitutional freedoms, and renewing public trust in government,” stated Committee Chairman Tom Cole in the September 10 press release (2).

As noted in the press release, the Act “provides a total discretionary allocation of $76.824 billion,” with an allocation of $6.234 billion for the defense portion, and $70.590 billion allocated for the non-defense portion. Main directions for the funding include combatting fentanyl, supporting local and state law enforcement, counteracting the Communist Republic of China, and protecting American’s Constitutional rights, it explains.

Section 607: Cannabis Rescheduling Blocked

The 154-page legislation includes Section 607, which has to do with the rescheduling of cannabis (1): “None of the funds appropriated or otherwise made available by this Act may be used to reschedule marijuana (as such term is defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) or to remove marijuana from the schedules established under section 202 of the Controlled Substances Act (21 U.S.C. 812).”

Other sections also relate to cannabis. Section 530 states that funds may not be used by the Department of Justice or the Drug Enforcement Administration to violate the Legitimacy of Industrial Hemp Research section of the of the Agricultural Act of 2014.

Additionally, Section 531(a) states that funds may not be used to prevent the states from implementing their own medical cannabis laws, though section 531(b) states that funds may be used to enforce 21 USC 860 violations, a law preventing the manufacture or sale of a controlled substance near schools, public housing, and other areas.

President Trump’s Position on Cannabis Reclassification

In August, President Donald Trump had stated the Administration was “looking into” the rescheduling of cannabis from its current designation as a Schedule I drug (3). “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,” Trump had stated on August 11. “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.”

Industry Response: ASA and Medical Cannabis Advocates Push Back

The approval of the Act has implications for medical cannabis access in the nation, with some advocates arguing the Act enables prosecution of medical cannabis businesses.

“House Republicans are out of touch—even with President Trump,” stated Steph Sherer, founder of Americans for Safe Access (ASA), in a September 10 press release (4). “The Administration is moving forward with rescheduling through the established federal process, while these appropriations riders would roll back patient protections and stop progress.”

Sherer and ASA, a national organization of medical cannabis advocates founded in 2002, had campaigned earlier this year for the removal of Section 607, as well as other changes to the legislation.

“Since 2014, the CJS Amendment has protected state medical cannabis programs, patients, andhealthcare providers from federal prosecution, arrest, asset forfeiture, and harassment,” a September 1 flyer from ASA stated, explaining the rationale behind supporting the protections (5). “The provision has received bipartisan support for over a decade and serves as a critical safeguard as Congress works toward comprehensive medical cannabis legislation.”

In July, ASA joined more than 40 other medical cannabis advocacy organizations in sending a letter to congressional appropriators urging support for protections for medical cannabis access in the Act (6).

References

1. Fiscal Year 2026 Commerce, Justice, Science, and Related Agencies Appropriations Act https://www.congress.gov/119/bills/hr5342/BILLS-119hr5342rh.xml (accessed Sept 15, 2025).
2. Appropriations Chairman Tom Cole. Committee Approves FY26 Commerce, Justice, Science, and Related Agencies Appropriations Act https://appropriations.house.gov/news/press-releases/committee-approves-fy26-commerce-justice-science-and-related-agencies (accessed Sept 15, 2025).
3. McEvoy, E. Trump Administration Examining Possibility of Cannabis Rescheduling https://www.cannabissciencetech.com/view/trump-administration-examining-possibility-of-cannabis-rescheduling (accessed Sept 15, 2025).
4. Sherer, S. House Republicans Move to Undermine Trump on Cannabis Scheduling Today https://www.safeaccessnow.org/house_republicans_move_to_undermine_trump#gsc.tab=0 (accessed Sept 15, 2025).
5. Sherer, S. Millions of Patients, One Message: Congress Must Protect Medical Cannabis https://www.safeaccessnow.org/millions_of_patients_one_message_congress_must_protect_medical_cannabis#gsc.tab=0 (accessed Sept 15, 2025).
6. Sherer, S. Patient Organizations Hail Partial Victory in DOJ Budget Medical Cannabis Protections https://www.safeaccessnow.org/patient_organizations_hail_partial_victory_in_doj_budget_medical_cannabis_protections#gsc.tab=0 (accessed Sept 15, 2025).