Trump Publicly Pressures DOJ on Marijuana Rescheduling Delays

President Donald Trump publicly questioned Department of Justice officials Saturday about delays in marijuana rescheduling, four months after he issued an executive order directing them to complete the process.

"You're going to get the rescheduling done, right, please? Will you get the rescheduling done, please?" Trump said during public remarks, appearing to address DOJ representatives directly about the stalled administrative process.

The comments mark Trump's first public acknowledgment of frustration with the pace of federal marijuana reform since his January executive order. That directive instructed federal agencies to expedite the ongoing review of marijuana's Schedule I classification under the Controlled Substances Act—a process that began under the Biden administration but has languished in regulatory limbo.

The Timeline Problem

The rescheduling process has been underway since August 2023, when the Department of Health and Human Services recommended moving marijuana from Schedule I to Schedule III. The Drug Enforcement Administration accepted public comment on the proposal but has yet to issue a final rule.

Trump's executive order was supposed to accelerate that timeline. Yet four months later, the administrative machinery appears stuck in the same procedural quicksand that has characterized federal cannabis policy for decades.

Industry advocates have grown increasingly impatient with the delays. The proposed move to Schedule III would maintain federal prohibition but provide significant tax relief under IRS code 280E, which currently prevents cannabis businesses from deducting normal operating expenses. The change could save the industry billions annually while doing little to address the fundamental conflict between state and federal law.

What DOJ Says

The Justice Department has not publicly responded to Trump's Saturday comments. A DOJ spokesperson declined to provide a timeline for completing the rescheduling review when contacted by reporters last month.

Administrative law experts note that federal rulemaking processes include mandatory review periods and opportunities for public input—steps that cannot be easily circumvented even by presidential directive. The DEA received more than 43,000 public comments on the rescheduling proposal, all of which must be reviewed and addressed in the final rule.

But Trump's public pressure suggests growing political urgency around the issue. The president voiced support for marijuana reform during his 2024 campaign, including backing Florida's failed recreational legalization measure.

Industry Impact

Cannabis companies have been preparing for Schedule III status for months, with some already structuring their operations to maximize tax benefits if the change occurs. Publicly traded cannabis stocks have shown volatility tied to rescheduling news, though investor enthusiasm has cooled as delays mount.

"The industry needs certainty more than anything," said one cannabis industry attorney who requested anonymity to speak candidly about federal policy. "Every month of delay costs operators real money and creates more compliance uncertainty."

Several cannabis industry groups have urged the administration to bypass rescheduling entirely and pursue descheduling—removing marijuana from the Controlled Substances Act altogether. That approach would require congressional action rather than administrative rulemaking.

What Happens Next

The DEA must still complete its final rule and submit it for review by the Office of Management and Budget before any scheduling change takes effect. That process typically takes several months under normal circumstances.

Trump's public comments could signal increased White House pressure on DOJ and DEA leadership to expedite their work. Whether that pressure translates into faster action remains unclear, particularly given the legal constraints on administrative processes.

For now, the cannabis industry continues operating under Schedule I restrictions while waiting for federal officials to act on a recommendation made nearly two years ago.

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