Senators Advance Bill Continuing Medical Marijuana Protections...

A Senate committee has approved a spending bill that would maintain
protections for states with medical marijuana programs, while omitting a
separate proposal included in the House version of the annual
appropriations legislation that would prevent the Justice Department from
rescheduling cannabis.

The Senate Appropriations Committee on Thursday passed the 2026 spending
legislation covering Commerce, Justice, Science, and Related Agencies
(CJS), with the GOP-controlled panel agreeing to again extend a
longstanding rider that prevents DOJ from interfering in the implementation
of state-level medical marijuana laws.

However, unlike the House version that advanced out of committee in that
chamber on Tuesday, the base bill does not include provisions that would
bar the Justice Department from rescheduling cannabis amid the ongoing
process to enact that reform that was initiated under the Biden
administration.

For reasons that are uncertain, however, the medical marijuana protections
section omits Nebraska from the list of covered states with cannabis
programs in place.

*SEC. 531.* None of the funds made available under this Act to the
Department of Justice may be used, with respect to any of the States of
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut,
Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky,
Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota,
Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New
Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon,
Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas,
Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming,
or with respect to the District of Columbia, the Commonwealth of the
Northern Mariana Islands, the United States Virgin Islands, Guam, or Puerto
Rico, to prevent any of them from implementing their own laws that
authorize the use, distribution, possession, or cultivation of medical
marijuana.

In another departure from the House bill, the Senate proposal does not
include additional language to make it so the Justice Department could
still enforce a section of U.S. code that calls for increased penalties for
distributing cannabis within 1,000 feet of an elementary school, vocational
school, college, playground or public housing unit.

The CJS bill would also continue to provide protections for state
industrial hemp programs.

*SEC. 530.* None of the funds made available by this Act may be used in
contravention of section 7606 (‘‘Legitimacy of Industrial Hemp Research’’)
of the Agricultural Act of 2014 (Public Law 113–79) by the Department of
Justice or the Drug Enforcement Administration.

Advocates remain concerned about the House language that would restrict DOJ
from rescheduling cannabis, but the fact that it was not incorporated into
the base bill for the Senate CJS legislation likely diminishes the chances
it will ultimately be enacted when the final package is delivered to the
president’s desk.

GOP senators have separately tried to block the administration from
rescheduling cannabis as part of a standalone bill filed in 2023, but that
proposal did not receive a hearing or vote.

Meanwhile, the Drug Enforcement Administration (DEA) recently notified an
agency judge that the marijuana rescheduling process remains stalled under
the Trump administration.

It’s been over six months since DEA Administrative Law Judge (ALJ) John
Mulrooney temporarily paused hearings on a proposal to move cannabis to
Schedule III. And in a joint report to the judge submitted earlier this
month, DEA attorneys and rescheduling proponents said they’re still at an
impasse.

The Senate is poised to take an initial step toward confirming President
Donald Trump pick to lead DEA next week—a development that many cannabis
industry observers believe is necessary for the stalled marijuana
rescheduling process to proceed.

Notably, while the nominee, Terrance Cole, has said that examining the
rescheduling proposal would be “one of my first priorities” if he’s
confirmed for the role, he has refused to say what he wants the result to
be and has in the past made comments expressing concerns about the health
effects of cannabis.

For the time being, any action on the proposed rule to reschedule marijuana
is evidently contingent on DEA Acting Administrator Robert Murphy. More
likely, according to some, is that it will not move forward until a
permanent DEA administration is confirmed.

Murphy’s appointment as acting administrator wasn’t widely publicized, but
he’s replaced Derek Maltz—who subscribes to the “gateway drug” theory for
marijuana—in the role.

DEA Administrative Law Judge (ALJ) John Mulrooney initially agreed to delay
the rescheduling proceedings after several pro-reform parties requested a
leave to file an interlocutory appeal amid allegations that certain DEA
officials conspired with anti-rescheduling witnesses who were selected for
the hearing.

Originally, hearings on the proposed rescheduling rule were set to commence
on January 21, but those were cancelled when Mulrooney granted the appeal
motion.

The appeal came after the judge denied a motion that sought DEA’s removal
from the rescheduling proceedings altogether, arguing that it is improperly
designated as the chief “proponent” of the proposed rule given the
allegations of ex parte communications with anti-rescheduling witnesses
that “resulted in an irrevocable taint” to the process.

Meanwhile, the Justice Department told a federal court in January that it
should pause a lawsuit challenging DEA’s marijuana rescheduling process after
Mulrooney canceled the hearings.

Also in January, Mulrooney condemned DEA over its “unprecedented and
astonishing” defiance of a key directive related to evidence it is seeking
to use in the marijuana rescheduling proposal.

At issue was DEA’s insistence on digitally submitting tens of thousands of
public comments it received in response to the proposed rule to move
cannabis to Schedule III.

Mulrooney hasn’t been shy about calling out DEA over various procedural
missteps throughout this rescheduling process.

For example, in December he criticized the agency for making a critical
“blunder” in its effort to issue subpoenas to force Food and Drug
Administration (FDA) officials to testify in hearings—but he allowed the
agency to fix the error and ultimately granted the request.

Relatedly, a federal judge also dismissed a lawsuit seeking to compel DEA
to turn over its communications with the anti-cannabis organization.

Mulrooney had separately denied a cannabis research company’s request to
allow it to add a young medical marijuana patient and advocate as a witness
in the upcoming rescheduling hearing.

Also, one of the nation’s leading marijuana industry associations asked the
judge to clarify whether it will be afforded the opportunity to
cross-examine DEA during the upcoming hearings on the cannabis rescheduling
proposal.

Further, a coalition of health professionals that advocates for cannabis
reform recently asked that the DEA judge halt future marijuana rescheduling
hearings until a federal court is able to address a series of allegations
they’re raising about the agency’s witness selection process.

Separately, the House Appropriations Committee on Tuesday approved a
spending bill that contains provisions to block the Justice Department from
rescheduling marijuana.

The rescheduling proceedings have generated significant public interest.
While moving marijuana to Schedule III wouldn’t federally legalize it, the
reform would free up licensed cannabis businesses to take federal tax
deductions and remove certain research barriers.


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Meanwhile, two GOP senators introduced a bill in February that would
continue to block marijuana businesses from taking federal tax deductions
under Internal Revenue Service (IRS) code 280E—even if it’s ultimately
rescheduled.

Beyond the hearing delays, another complicating factor is the change in
leadership at DEA under the Trump administration.

U.S. Department of Health and Human Services (HHS) Secretary Robert F.
Kennedy Jr. was previously vocal about his support for legalizing cannabis,
as well as psychedelics therapy. But during his Senate confirmation process
in February, he said that he would defer to DEA on marijuana rescheduling in
his new role.

Separately, former Rep. Matt Gaetz (R-FL) was reportedly photographed
reviewing a document that appears to be a draft contract to provide
services—including “administration-related guidance”—to a firm affiliated
with the major marijuana company Trulieve. The visible portion of the
document describes a lucrative bonus if a certain “matter resolves,” with
an “additional ‘Super Success Fee’” for other “exclusive policy remedies.”

Last month, the former congressman reiterated his own support for
rescheduling cannabis—suggesting in an interview with a Florida Republican
lawmaker that the GOP could win more of the youth vote by embracing
marijuana reform.

Gaetz also said last month that Trump’s endorsement of a Schedule III
reclassification was essentially an attempt to shore up support among young
voters rather than a sincere reflection of his personal views about
cannabis.

A survey conducted by a GOP pollster affiliated with Trump that was
released in April found that a majority of Republicans back a variety of
cannabis reforms, including rescheduling. And, notably, they’re even more
supportive of allowing states to legalize marijuana without federal
interference compared to the average voter.

Meanwhile, Trump picked former Florida Attorney General Pam Bondi (R) to
run DOJ, and the Senate confirmed that choice. During her confirmation
hearings, Bondi declined to say how she planned to navigate key marijuana
policy issues. And as state attorney general, she opposed efforts to
legalize medical cannabis.

Amid the stalled marijuana rescheduling process that’s carried over from
the last presidential administration, congressional researchers recently
reiterated that lawmakers could enact the reform themselves with “greater
speed and flexibility” if they so choose, while potentially avoiding
judicial challenges.

Meanwhile, a newly formed coalition of professional athletes and
entertainers, led by retired boxer Mike Tyson, sent a letter to Trump on
Friday—thanking him for past clemency actions while emphasizing the
opportunity he has to best former President Joe Biden by rescheduling
marijuana, expanding pardons and freeing up banking services for licensed
cannabis businesses.

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Omitting House Proposal To Block Rescheduling appeared first on Marijuana
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