House GOP Moves to Undermine Trump on Cannabis Rescheduling

*WASHINGTON* – The House Appropriations Committee will vote September 10 on
provisions in the fiscal year 2026 Commerce-Justice-Science (CJS)
appropriations bill that would both strip rescheduling authority from the
Trump administration and open the door to new Drug Enforcement
Administration (DEA) crackdowns on state medical cannabis programs.

The timing comes less than a month after President Donald Trump publicly
acknowledged the complexity of cannabis policy while signaling his openness
to rescheduling. On August 11, responding to a reporter’s question about
whether he planned to move forward — and turning to DEA Administrator Cole
and Attorney General Bondi for affirmation — Trump said, “…[W]e’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. Very complicated subject, the subject of marijuana. I’ve heard
great things having to do with medical, and I’ve heard 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.”

While the President cannot unilaterally reschedule cannabis, a November 4,
2021, Congressional Research Service analysis confirmed the Controlled
Substances Act (CSA) assigns scheduling decisions to the Attorney General
(delegated to DEA), with scientific input from the Department of Health and
Human Services (HHS) and the Food and Drug Administration — not the
president. The Supreme Court has held a president may issue an executive
order only if authorized by statute or the Constitution.

The only role a president may play is directing agencies to use the CSA
process. HHS has recommended rescheduling, and DEA is currently completing
its review.

House Republicans are now attempting to choke off that very process. Section
607 of the CJS bill would bar the use of federal funds to reschedule or
deschedule cannabis, halting the DEA’s ongoing review midstream. Section
529(b) would rewrite the long-standing Medical Cannabis Amendment (529(a)),
also called the Rohrabacher-Blumenauer Amendment, which since 2014 has
barred the Department of Justice (DOJ) from interfering with state medical
cannabis programs. By invoking the federal “Drug Free Zones” law (21 U.S.C.
860), it would give the DOJ and DEA new authority to prosecute cannabis
activity within 1,000 feet of public housing, universities, schools, and
even video arcades — zones that encompass many licensed medical cannabis
businesses.

“It seems House Republicans are out of touch — even with President Trump
when it comes to medical cannabis,” said Steph Sherer, founder of Americans
for Safe Access. “The Administration is moving forward with rescheduling
through the established federal process, while these appropriations riders
would roll back patient protections and stop progress. These riders are a
green light for the DEA to raid state medical cannabis programs. It’s the
Project 2025 playbook in action — federal agencies sent in to override
voters and legislatures, this time targeting patients and providers.”

For more than a decade, Congress has renewed the Medical Cannabis Amendment
with bipartisan support, recognizing the importance of protecting patients
in the 40 states and Washington, D.C., with medical cannabis programs. The
proposed changes in the fiscal year 2026 CJS bill would mark a dramatic
reversal, undermining both patient access and the administration’s ability
to complete its rescheduling review.
------------------------------
Key Questions About Cannabis Rescheduling and the House Appropriations Bill

1. Can the president reschedule cannabis?

No. Under the Controlled Substances Act, only the Attorney General
(delegated to the DEA), with scientific input from HHS and FDA, can
reschedule cannabis. The president may direct agencies to act but cannot
unilaterally change scheduling.
2. What is the Medical Cannabis Amendment?

Also known as the Rohrabacher-Blumenauer Amendment, this rider has
protected state medical cannabis programs since 2014 by preventing the DOJ
from spending funds to interfere with compliant operators.
3. What would Section 607 of the CJS bill do?

Section 607 would bar federal funds from being used to reschedule or
deschedule cannabis, effectively halting the DEA’s ongoing review process.
4. How would Section 529(b) affect medical cannabis programs?

Section 529(b) rewrites existing protections to allow DOJ and DEA
enforcement within 1,000 feet of schools, universities, public housing, and
other zones — areas that include many licensed medical cannabis businesses.
5. Why does the House vote matter for cannabis patients?

If passed, the fiscal year 2026 appropriations bill would weaken
long-standing patient protections and expand DEA enforcement authority,
threatening access for millions in legal medical programs.