As President-elect Donald Trump prepares for his second term, a critical question emerges: will he uphold or alter the Biden administration’s progressive marijuana policies?
Recently, President Biden took a significant step in marijuana reform by initiating its reclassification from a Schedule I controlled substance to Schedule III. This shift recognizes marijuana’s medicinal properties, potentially broadening access for patients and easing research on its effects.
Advocates for marijuana reform have largely welcomed the change, which could lead to more regulated access to marijuana products. But with Trump set to take office, what direction will his administration take?
David Culver, senior vice president of public affairs at the U.S. Marijuana Council, a pro-legalization lobbying group, remains cautiously optimistic. Reflecting on Trump’s first term, Culver notes that while the former president took limited action on marijuana reform, this time may present an opportunity for change.
Trump himself has recently voiced support for recreational marijuana, and just before the election, issued a statement aligned with the Biden administration’s direction on marijuana. He also made the following statement on Truth Social:
“As I have previously stated, I believe it is time to end needless arrests and incarcerations of adults for small amounts of marijuana for personal use. We must also implement smart regulations, while providing access for adults, to safe, tested products. As a Floridian, I will be voting YES on Amendment 3 this November. 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, like in Florida, that work so well for their citizens.”
Notably, Amendment 3 faced strong opposition from Governor Ron DeSantis, who argued it would create a monopoly for large marijuana companies and prevent residents from cultivating their own plants. While 57% of Floridians voted in favor of Amendment 3, it failed to meet the 60% threshold required to effect a constitutional change.
Trump’s growing openness to marijuana reform mirrors his broader stance on personal freedoms and public safety. His recent comments suggest he supports research into medical marijuana and rescheduling it to a less restrictive classification, in line with Biden’s proposal.
Trump has also voiced support for allowing states to regulate marijuana with minimal federal interference, promoting a regulatory framework similar to that of alcohol. His endorsement of Florida’s recreational marijuana initiative, despite its narrow defeat, further underscores this evolving position.
Although Trump has yet to release a detailed marijuana policy within his broader Project 2025 initiative, his priorities for tackling the opioid and fentanyl crises through robust enforcement against illegal drug trafficking may allow flexibility on marijuana issues, as his focus does not specifically address marijuana.
During his prior term in office, Trump’s former Attorney General, Jeff Sessions, adopted a strong anti-marijuana stance and revoked policies designed to protect state marijuana laws from federal interference. However, Trump’s recent remarks suggest he may appoint someone with a different perspective on marijuana reform, granting states greater autonomy over their marijuana laws.
Meanwhile, support for marijuana legalization continues to grow across the country, with 24 states and Washington, D.C., now permitting recreational use. Legalization has brought in significant tax revenue, exceeding $4 billion in 2023.
Despite the momentum for reform, a lack of federal oversight has left regulatory gaps in public health and research. With more Americans using marijuana than ever, the National Academies of Sciences, Engineering, and Medicine recently warned that these shortcomings could pose significant risks.
Michael M. Michaud
Contributing Author, Public Policy
Public policy and communications professional with a focus on the intersection of public policy and business.
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