Trump order to reschedule marijuana to Schedule III may use fast‑track DOJ authority
President Trump on Dec. 18 signed an executive order directing agencies to reclassify marijuana from Schedule I to Schedule III — grouping it with drugs like Tylenol with codeine and anabolic steroids — aiming to expand medical research and launch a Medicare pilot to cover CBD (with CMS saying coverage could begin as early as April). Legal experts note the Controlled Substances Act does not give presidents unilateral rescheduling power, and the administration may instead use DOJ’s Section 811 "fast‑track" authority to complete the move without full rulemaking; rescheduling would not by itself legalize cannabis or automatically erase federal criminal penalties, drawing criticism from Republican lawmakers.
📌 Key Facts
- President Trump signed an executive order on Dec. 18, 2025, directing federal agencies to reclassify marijuana from Schedule I to Schedule III and framing the move as downgrading it to a "less dangerous" drug to expand medical research.
- The EO would group marijuana with Schedule III substances such as Tylenol with codeine and anabolic steroids, which are considered to have a moderate‑to‑low potential for dependence.
- The order calls for expanded research and broader access to CBD and launches a Medicare pilot to cover CBD products through Medicare Advantage; CMS Administrator Mehmet Oz said coverage could begin as early as April, potentially at no charge if recommended by a doctor, and MA plans covering about 34 million enrollees have "agreed to consider" coverage.
- Rescheduling by itself would not legalize medical or recreational cannabis, nor make marijuana an FDA‑approved, prescribable drug — FDA‑level evidence and approvals would still be required.
- There is legal and procedural uncertainty: experts note the president does not have unilateral power under the Controlled Substances Act to reschedule drugs, but the Justice Department could use Section 811 (a shortcut used in 2018 for Epidiolex) or complete the HHS/DEA review started under President Biden; the administration has not specified which route it will take.
- Even if marijuana is moved to Schedule III, many federal effects are unresolved — federal criminal statutes would not be automatically repealed, interstate marijuana commerce would remain illegal absent further action, and impacts on federal drug‑testing policies depend on future agency guidance.
- The announcement prompted GOP criticism from House members (including Reps. Pete Sessions and Andy Harris) and more than 20 Republican senators led by Sen. Ted Budd, who argued rescheduling would send the wrong message, aid cartels and endanger roads; the White House countered that the change could substitute marijuana for addictive opiates for some patients and enable more research.
- The rescheduling move comes amid a broader administration anti‑drug posture (including cartel FTO designations and maritime strikes) and against rising public support for legalization — Gallup polling shows support growing from 36% in 2005 to about 68% recently.
📊 Relevant Data
Black people with cannabis use disorder had 21% lower odds of receiving any treatment compared to White people, with an adjusted odds ratio of 0.79 (95% CI=0.65, 0.95).
Trends in cannabis use disorder and treatment by race and ethnicity, 2020-2023: Findings from the National Survey on Drug Use and Health — Frontiers in Psychiatry
In a multi-ancestry genome-wide association study, 22 genome-wide significant loci unique to European ancestry, 2 each to African and East Asian ancestries, and 1 to admixed American ancestries were discovered for cannabis use disorder.
Multi-ancestry genome-wide association study of cannabis use disorder yields insight into disease biology and public health implications — Nature Genetics
Convergent genetic pathways for cannabis use disorder were identified across American Indian, Mexican American, and European American populations, with shared genetic factors contributing to the disorder.
Recreational marijuana legalization was associated with a 5.8% increase in injury crash rates and a 4.1% increase in fatal crash rates across states.
Changes in traffic crash rates after legalization of marijuana — Insurance Institute for Highway Safety
Legalization of recreational marijuana was associated with an increase of 1.2 traffic fatalities per billion vehicle miles traveled, potentially leading to an estimated 1400 additional fatalities annually.
Cannabis policy bundles and traffic fatalities in the American States over time — Addiction
Medical marijuana legalization was associated with a lower odds of any opioid use (OR = 0.95, 95% CI 0.94–0.96) and chronic opioid use (OR = 0.93, 95% CI 0.91–0.95).
Impact of Medical Marijuana Legalization on Opioid Use, Chronic Opioid Use, and High-risk Opioid Use — Journal of General Internal Medicine
States with legalized medical marijuana saw a decrease in the frequency of nonmedical prescription opioid use.
States With Legalized Medical Marijuana See Decline in Nonmedical Opioid Use — Rutgers School of Public Health
📊 Analysis & Commentary (2)
"A City Journal critique arguing that the Trump administration’s executive‑order rescheduling of marijuana to Schedule III is misguided — politically driven, premature from a scientific and regulatory standpoint, and likely to accelerate commercialization and public‑health and legal problems."
"The opinion piece uses a brief mention of the Trump administration’s marijuana‑rescheduling plan as a springboard to argue that viruses — including AAV vectors derived from ancient viral biology — are powerful therapeutic tools, explaining their evolutionary role, the promise of gene delivery, and technical limits that constrain current clinical applications."
📰 Sources (8)
- Gillian Schauer of the Cannabis Regulators Association says Trump’s Dec. 18 order by itself does not reschedule marijuana, and the Controlled Substances Act does not give presidents unilateral rescheduling power.
- The article highlights that DOJ could use Section 811 of the CSA as a potential 'shortcut' that lets the attorney general move a drug between schedules without the full, traditional rulemaking process, a tool previously used in 2018 to schedule the CBD epilepsy drug Epidiolex.
- Schauer cautions that even after rescheduling, federal laws criminalizing marijuana would not automatically be repealed, interstate marijuana commerce would remain illegal, and effects on federal drug‑testing policies are unknown until agencies issue guidance.
- The piece notes the Trump administration could simply pick up and complete the rescheduling process initiated under President Biden, but has not yet clarified which procedural route it will use.
- CBS explicitly characterizes the rescheduling as 'one of the most significant changes to drug policy in decades,' adding contextual framing on its historical importance.
- This piece focuses squarely on the act of Trump signing the executive order to move marijuana to Schedule III, reinforcing that the rescheduling is being executed by presidential order rather than only via HHS/DEA process.
- Identifies Nancy Cordes/CBS as reporting additional details in the broadcast segment, indicating mainstream network confirmation and coverage emphasis.
- CBS segment explicitly frames the action as an executive order 'signed on Thursday,' reinforcing that the scheduling change is being driven by presidential EO rather than solely by a DEA/HHS administrative process.
- The piece pairs the marijuana EO with Trump’s year‑end address the previous night, underscoring that the reclassification is being presented by the White House as one of the marquee year‑end policy moves.
- The executive order not only reclassifies marijuana to Schedule III but explicitly launches a Medicare pilot program to cover CBD products for seniors.
- CMS Administrator Mehmet Oz said coverage of CBD for Medicare enrollees could begin as early as April of next year, at no charge to beneficiaries if recommended by their doctors.
- The pilot is limited to cannabidiol (CBD) products, not all cannabis, and will initially run through Medicare Advantage plans, with CMS already having proposed a rule to authorize CBD coverage in MA.
- Oz said Medicare Advantage insurers covering about 34 million Americans are "agreeing to consider" CBD coverage and that CMS may later expand access to additional conditions and to Medicaid beneficiaries if the pilot "shows promise."
- Trump publicly framed the move as substituting marijuana for "addictive" and "potentially lethal" opiates for some patients, saying the "facts compel" recognizing marijuana’s legitimate medical applications.
- The article notes recent HHS signals favoring looser cannabis restrictions and recalls HHS’s 2023 recommendation that marijuana be moved from Schedule I to Schedule III as part of the context.
- Medical experts cited include Harvard physician Peter Grinspoon on CBD’s potential benefits and an FDA-funded study warning about risks such as liver toxicity, drug interactions, and reproductive concerns.
- Confirms the action took the form of an executive order signed Thursday, Dec. 18, 2025, and explicitly frames it as reclassification 'as a less dangerous drug' to open new avenues for medical research.
- Clarifies that the DEA had already been in a reclassification review process begun under President Biden, and that Trump’s order is expected to speed that process, though the exact timeline remains unclear.
- Provides additional political context that more than 20 Republican senators, led by Sen. Ted Budd, sent Trump a letter earlier in the year urging him to keep marijuana as a Schedule I substance and arguing rescheduling would undermine his broader anti-drug agenda.
- Notes that Trump’s order also calls for expanded research and access to CBD, a legal hemp-derived product whose health benefits remain debated.
- Reiterates Gallup polling data showing support for marijuana legalization rising from 36% in 2005 to 68% last year, underscoring the public-opinion backdrop for the move.
- Axios reports Trump is signing an executive order that specifically instructs agencies to reclassify marijuana as a Schedule III substance, grouping it with drugs like Tylenol with codeine and anabolic steroids.
- CMS chief Mehmet Oz says Innovation Center models will allow millions of Medicare beneficiaries to become eligible to receive CBD as early as April of next year.
- Oz also states that Medicare Advantage plans have agreed to consider CBD coverage for the roughly 34 million Americans they insure.
- The article clarifies that rescheduling will not itself legalize medical or recreational cannabis or make it an FDA‑approved, prescribable drug, emphasizing that FDA‑level evidence is still required.
- Axios adds political and polling context, citing Gallup and Pew data showing roughly two‑thirds of Americans (and Democrats/D‑leaners) support legalization and noting Trump’s prior support for Florida’s failed recreational‑use amendment.
- Confirms that President Trump has signed an executive order reclassifying marijuana from Schedule I to Schedule III under DEA regulations.
- States that Schedule III classification places marijuana alongside drugs such as Tylenol with codeine and anabolic steroids, which DEA considers to have 'moderate to low potential' for dependence.
- Includes Trump’s Oval Office quote that the move will 'make it far easier to conduct marijuana-related medical research' and have a 'tremendously positive impact.'
- Details that House Republicans led by Reps. Pete Sessions and Andy Harris sent Trump a same‑day letter urging him not to reschedule marijuana, warning it would 'send the wrong message to America’s children, enable drug cartels, and make our roads more dangerous.'
- Places the decision within the context of the administration’s broader hardline anti‑drug stance, including FTO designations for cartels like Sinaloa and Tren de Aragua and more than 20 maritime strikes on alleged drug boats in Latin American waters.