AOC Backs Marijuana Rescheduling Despite Social Justice Concerns

Rep. Alexandria Ocasio-Cortez (D-NY) has voiced support for the Trump administration's marijuana rescheduling initiative, though she cautioned that moving cannabis from Schedule I to Schedule III without addressing criminal justice reform leaves critical work unfinished.

The congresswoman's comments highlight a growing tension within the cannabis reform movement between pursuing incremental federal policy changes and comprehensive legislation that includes expungement and equity provisions.

"This has always been an issue kind of at the heart of decriminalization," Ocasio-Cortez said, according to her remarks on the rescheduling proposal.

The Rescheduling Question

The Drug Enforcement Administration is currently reviewing a Health and Human Services recommendation to move marijuana from Schedule I—reserved for drugs with "no currently accepted medical use"—to Schedule III, which includes substances like ketamine and anabolic steroids. The shift would maintain federal prohibition but reduce certain penalties and tax burdens on state-legal cannabis businesses.

But for progressive lawmakers like Ocasio-Cortez, rescheduling represents a half-measure. While the policy change would provide relief to cannabis companies operating under Section 280E of the tax code—which prevents them from deducting ordinary business expenses—it does nothing for the estimated hundreds of thousands of Americans with marijuana convictions on their records.

The disconnect between corporate cannabis relief and individual justice has become a flashpoint in reform debates. Industry groups have largely embraced rescheduling as a pragmatic step forward, while criminal justice advocates argue that federal reform without expungement deepens existing inequities.

Industry Meets Activism

Ocasio-Cortez's position reflects a broader progressive stance: support incremental reform while pushing for more comprehensive legislation. Her concerns echo those raised by organizations like the Last Prisoner Project and the Drug Policy Alliance, which have consistently argued that cannabis policy reform must center those most harmed by prohibition.

The congresswoman's comments also underscore the unusual political dynamics around cannabis reform under the Trump administration. While former President Trump expressed support for rescheduling during his campaign, he has not publicly committed to broader measures like the SAFE Banking Act or federal expungement provisions.

Meanwhile, the cannabis industry faces a split between operators who view rescheduling as sufficient progress and advocates who see it as a floor, not a ceiling. Multi-state operators stand to gain significantly from 280E tax relief, potentially saving millions in annual tax obligations. But smaller operators and social equity licensees argue that without banking access, expungement, and interstate commerce protections, the industry's structural inequities will persist.

What's Next

The DEA's rescheduling review remains ongoing, with no firm timeline for a final decision. The agency received more than 43,000 public comments during its initial comment period, reflecting intense interest from industry stakeholders, medical professionals, and advocacy groups.

Congress, for its part, has shown little appetite for comprehensive cannabis reform in recent sessions. The MORE Act, which includes expungement and equity provisions, has stalled repeatedly despite passing the House in previous terms. The SAFE Banking Act has faced similar obstacles in the Senate.

Ocasio-Cortez's remarks suggest that even if rescheduling moves forward, progressive lawmakers will continue pressing for legislation that addresses the human cost of marijuana prohibition. Whether that pressure translates into policy remains an open question.

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This article is based on original reporting by www.marijuanamoment.net.