Opinion - Trump is stepping carefully into the weeds of marijuana legalization

Unlike England, from which we cribbed our legal system, America has a dual sovereignty system — the states and the federal government. Often, this leads to inconsistent statutory regimes.

For example, as of this year, 24 states —  including a handful of red states — have legalized cannabis for recreational purposes. Additionally, around 40 states have legalized cannabis for medical use.

But forget about the cannabis shop around the corner with flashing neon signage resembling a Bruce Nauman wall relief and the pungent smell of grass on the streets. The federal government had, until now, classified marijuana in the same category as heroin.

Congress was always suspicious of marijuana. The lawmakers bought the testimony of psychiatrists who called it a “ gateway drug ” used, as beat poet Allen Ginsberg put it, by “ angel headed hipsters destroyed by madness starving hysterical naked … looking for an angry fix. ”

Smoking a joint was a moral red line for many. In 1987, Ronald Reagan pulled the Supreme Court nomination of Judge Douglas Ginsburg when it was revealed  that Ginsburg had used marijuana “on a few occasions.” That gave us Justice Anthony Kennedy.

Moral perceptions change with the times. Bill Clinton, before taking office, had to confess that he once took a puff but famously claimed that he “ didn’t inhale .” Barack Obama openly admitted to smoking marijuana during his youth, discussing it in his 1995 memoir “ Dreams from My Father .” He contrasted his behavior with Clinton’s stating, “When I was a kid, I inhaled. That was the point.” The voters elected them anyway.

There is rarely a method in President Trump’s madness.  He has been uneven about easing federal controls on marijuana . In December, he issued executive orders  to reclassify marijuana from Schedule I (having high abuse potential) to Schedule III (having medical, rather than recreational, value) but continued to express skepticism about recreational use.

He described marijuana as a “very complicated subject” and noted that he had concerns about its broader impact. Last week, he ordered reclassification but not decriminalization of the substance, representing one of the ​most significant federal changes to pot policy in ​decades. Trump stressed that he was not decriminalizing marijuana on a federal level. “Unless a drug is recommended by a doctor for medical reasons, just don’t do it,”  he said .

Since December, there had been little movement to reschedule the drug, frustrating lobbyists and cannabis producers. But Trump’s executive order aims to move marijuana to the same statutory cabin where some common prescription painkillers like Tylenol with codeine reside.

The announcement did for cannabis stocks what the opening of the Strait of Hormuz did for the broad market. Shares of cannabis industry companies surged , with Canopy Growth rising 23 percent, and Tilray Brands soaring 15 percent.

The Drug Enforcement Administration would normally hold administrative hearings, a required step in the process of rescheduling the drug. Acting Attorney General Todd Blanche immediately ordered fast-track hearings  to implement Trump’s order.

“Will you get the rescheduling done, please?” Trump said  in the Oval Office, appearing to direct his frustration toward White House policy officials. “Joe, they’re slow-walking me on rescheduling,” he added , speaking to Joe Rogan, the conservative podcaster with 4.5 million listeners who thinks marijuana should be treated like alcohol , to be used freely by consenting adults.

Despite Trump’s cajoling, federal agencies are required to undertake hearings on public health and safety. Regina LaBelle, director of the Addiction and Public Policy Initiative at Georgetown University Law Center,  stressed that  Trump’s orders don’t “negate the need for the analysis that [the Department of Health and Human Services] and DEA are obligated to follow.”

Most Americans support relaxing restrictions, but critics note that some support for legalization has eased. In 2022, polls said 60 percent of adults  supported legalizing marijuana, including 46 percent of Republicans. This month, an Economist/YouGov poll reported 53 percent of adults supported legalizing the drug, including 35 percent of Republicans.

Citing studies linking youth use of marijuana to later schizophrenia, Kevin Sabet, an anti-legalization advocate and president of Smart Approaches to Marijuana, protested the move . “Policy is now being dictated by marijuana CEOs, psychedelics investors, and podcasters in active addiction,” he said, calling it — “an injustice to the American people of unprecedented proportions.”

Driving high can be dangerous. A  2025 American College of Surgeons study  showed over 40 percent of deceased drivers in motor vehicle crashes nationally tested positive for recent use of marijuana. In  Colorado alone  there were 45 roadway fatalities in 2024 involving cannabis impaired drivers. The takeaway: “Don’t smoke and drive.”

The push for legalization is hardly a new-found social concern. It’s all about the money. Marijuana companies  donated at least $1 million  to Trump’s inauguration. Industry leaders like Kim Rivers of Trulieve, known as the “ Starbucks of weed ,” have forged close ties to the administration.

“I’ve never been inundated by so many people as I have about reclassifying marijuana,” Trump said . Sabet claimed “we are now confronted with the most pro-drug administration in our history.”

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James D. Zirin is a former federal prosecutor in the Southern District of New York and a published legal analyst.

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