Any marijuana-related policy garners considerable attention from medical professionals, lawyers, politicians, and, of course, the general public. President Trump’s recent executive order provides another example.
A quick Google reveals headlines and articles from Fox News, PBS News, ABC News, CNBC, and the New York Times declaring President Trump has “reclassified marijuana.” You can find similar headlines across the pond.
Many others question what this “historic policy shift” means for cannabis users, for marijuana policy in each state, for the Republican Party, and even for the entire US.
These are interesting questions—but a close reading of the executive order shows they might be overzealous. As featured on the White House website, the executive order is for “increasing medical marijuana and cannabidiol research.” It never mentions recreational marijuana use.
Trump’s order highlights a troublesome problem—a drug scheduling deeming marijuana “no currently accepted medical use” with medical research clearly indicating this is not true.
Noting marijuana’s classification serves as a roadblock to better research, the order reads, “decades of Federal drug control policy have neglected marijuana’s medical uses. That oversight has limited the ability of scientists and manufacturers to complete the necessary research on safety and efficacy to inform doctors and patients.” It continues, “It is critical to close the gap between current medical marijuana and CBD use and medical knowledge of risks and benefits, including for specific populations and conditions.”
But what does the executive order do to help “close the gap?” Simply this:
The Attorney General shall take all necessary steps to complete the rulemaking process related to rescheduling marijuana to Schedule III of the CSA in the most expeditious manner in accordance with Federal law, including 21 U.S.C. 811.
The passage gives no direct order to reclassify—only to “complete the rulemaking process,” which might lead to rescheduling. Plenty of petitions in the past trying to reschedule marijuana were denied. It also gives no timeline for when rescheduling will happen. Even if marijuana becomes a Schedule III substance, the process can take 9 years.
This is the only command issued in the entire executive order. Headlines and interpretations that indicate anything more are speculative. Nonetheless, this underwhelming executive order could become the impetus for rescheduling marijuana, driven by grassroots efforts and state-level reform.
Scheduling aside, 47 states allow marijuana for medicinal use, with 38 of these states providing comprehensive medical marijuana programs. Over 6 million patients benefit from these treatments. Marijuana is legal for recreational use in 24 states, and several more states are likely to legalize it this year.
We have seen local and state-level efforts drive national policy before. In 2001, Arizona became the first state to allow terminally ill patients access to try potentially life-saving experimental medical treatments. This “right-to-try legislation” spread rapidly. By 2017, 37 states had enacted right-to-try laws. Over the same period, the FDA received more than 9,000 petitions from patients and physicians requesting access to experimental medications. In 2018, under President Trump’s first term, right-to-try became federal law.
Advocates of marijuana legalization still have reason for optimism because reform is possible with enough pressure. President Trump’s recent executive order could be a sign that a long-overdue rescheduling is on the horizon. But it is nowhere near sufficient itself.
