Despite the Trump administration’s recent announcement to advance federal cannabis rescheduling, Republican leaders within a key congressional committee are actively pursuing legislation to obstruct this reform. This development introduces a legislative challenge to the executive branch’s directive, impacting the regulatory landscape for medical cannabis in the United States.

Congressional Efforts to Block Federal Cannabis Rescheduling

The House Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies has released the text of a funding bill that includes a provision specifically designed to prevent federal officials from implementing cannabis rescheduling. According to a report by Marijuana Moment, Section 591 of the proposed legislation states: “None of the funds appropriated under this Act or otherwise made available by this Act may be used to reschedule marijuana (as such term is defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) or to remove marijuana from the schedules established under section 202 of the Controlled Substances Act (21 U.S.C. 812).”

This committee has previously introduced similar language in past appropriations bills while the federal government considered cannabis rescheduling, though these provisions did not ultimately become law. The reintroduction of such a measure indicates a continued legislative intent to maintain the current scheduling status of cannabis, even as the Department of Justice (DOJ) announced last week that certain marijuana products, specifically those regulated by state medical cannabis licenses or approved by the Food and Drug Administration (FDA), would immediately move to Schedule III. An administrative hearing is scheduled for this summer to consider broader cannabis rescheduling.

Protections for State Medical Cannabis and Hemp Programs

Updated Medical Cannabis Rider

Concurrently, the funding bill under consideration also contains an updated version of a long-standing rider that has, since 2014, protected state medical cannabis programs from federal interference. Section 531(a) of the bill specifies that no funds made available to the Department of Justice may be used to prevent states from implementing their own laws authorizing the use, distribution, possession, or cultivation of medical marijuana. This year’s provision notably includes Nebraska for the first time, addressing an omission from previous legislation despite voters in the state approving medical cannabis legalization in 2024.

However, a new subsection, 531(b), seeks to stipulate that the Justice Department can still enforce violations of 21 U.S.C. 860, which mandates increased penalties for distributing cannabis within 1,000 feet of specific locations such as elementary schools, vocational schools, colleges, playgrounds, or public housing units. This latter subsection has not been enacted in prior appropriations legislation.

Hemp Research Safeguards

Separately, the bill also includes Section 530, a long-standing rider that protects state hemp research programs from federal interference. This provision states: “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.” This rider ensures continued federal support for industrial hemp research, distinct from the ongoing debate surrounding cannabis rescheduling.

Political Stance and Future Considerations

The legislative efforts to block federal cannabis rescheduling come amidst broader discussions on Capitol Hill regarding cannabis policy. Representative Alexandria Ocasio-Cortez (D-NY) has expressed support for the Trump administration’s move to reschedule cannabis, acknowledging that it reduces harm. However, as reported by Marijuana Moment, she also voiced concerns that incremental reforms, without accompanying social equity and justice measures, may not adequately address the historical harms caused by cannabis criminalization.

“I will always welcome a descheduling of marijuana from Schedule I. I will be supportive of that, because it reduces that harm, but it doesn’t quite make all the wrongs right.” – Rep. Alexandria Ocasio-Cortez (D-NY)

The interplay between executive directives and congressional legislative actions highlights the complex and often divergent approaches to federal cannabis policy reform in the United States. Stakeholders will closely monitor the progress of the House Appropriations Subcommittee’s funding bill and the outcomes of the administrative hearing on broader cannabis rescheduling.

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Disclaimer: This article is for informational purposes only and does not constitute medical advice. Hemp Gazette does not provide medical recommendations, diagnoses, or treatment plans. Always consult a qualified healthcare practitioner before making any decisions regarding your health or any medical condition. Statements concerning the therapeutic uses of hemp, cannabis, or cannabinoid-derived products have not been evaluated by Australia’s Therapeutic Goods Administration (TGA). Medicinal cannabis products in Australia are accessed via prescription pathways under TGA regulation.