Trump's Marijuana Order Vindicates Longstanding Criticism of the Plant's Legal Classification

OG article by Jacob Sullum

December 23, 2025

President Donald Trump's executive order directing the swift rescheduling of marijuana from Schedule I to Schedule III under the Controlled Substances Act validates decades of criticism regarding its overly restrictive classification since 1970. Schedule I designation reserved for substances with high abuse potential and no accepted medical use placed marijuana alongside heroin and LSD, despite evidence to the contrary.

As early as 1988, DEA administrative law judge Francis Young concluded marijuana was safe under medical supervision and effective for treating conditions like chemotherapy-induced nausea and multiple sclerosis symptoms, though his recommendation was overturned. A 2022 Health and Human Services review, initiated under President Biden, confirmed scientific support for marijuana's role in managing pain, nausea, vomiting, and anorexia, while noting relatively low risks of severe outcomes. This led to a 2024 proposal by Attorney General Merrick Garland for Schedule III status, which Trump's order accelerates.

Rescheduling eases stringent research restrictions and allows state-licensed cannabis businesses to claim standard tax deductions, previously blocked by section 280E. However, it neither legalizes medical marijuana absent FDA-approved drugs nor fully resolves conflicts with state-licensed operations, which technically remain federal offenses though with potentially mitigated enforcement. Amid legalization in dozens of states for medical or recreational purposes and broad public opposition to prohibition, the move represents symbolic progress without comprehensive reform.