Legalizing marijuana on a national level is generally popular among Americans — 57% of people say marijuana should be legalized for both medical and recreational purposes, while 32% say it should be legalized for medical use only, according to a January Pew poll. Only 11% of Americans said it should not be legalized at all. The problem is that presidents have largely ignored it, but Vice President Kamala Harris and former President Donald Trump talked about it during the 2024 campaign.
Donald J. Trump's victory in November's presidential election coincided with a pivotal moment for cannabis reform in the U.S., as attempts to reschedule the substance could significantly alter the future of the industry, and he may have an opportunity to influence that.
During his campaign, Trump expressed support for moving cannabis from Schedule I to Schedule III of the Controlled Substances Act, which would recognize its medical value and ease the tax burden on businesses. He also supported granting banking access to the cannabis industry and backed a Florida bill to legalize recreational use, though it ultimately failed.
But given the controversial results of Trump's cannabis policies during his first term, it's difficult to predict whether he will continue to support these initiatives. Understanding how Trump may affect cannabis reform during his second term is therefore crucial to predicting the future of the industry in the United States.
Since 2012, when Washington and Colorado first legalized recreational marijuana, more than 24 states have followed suit, and 38 states have legalized medical marijuana. However, in the November election, only Nebraska managed to pass a medical marijuana legalization law and create a cannabis commission. Ballots to legalize recreational marijuana in North and South Dakota, as well as Florida, failed. Similarly, in Massachusetts, where recreational marijuana is already legalized, voters rejected legislation to legalize psychedelic substances.
Trump has not said he would support legalizing recreational pot on a national level. During his 2016 campaign, Trump advocated leaving the issue to the states. In October 2015, Trump said that marijuana legalization «should be a state-by-state, state-by-state issue». As president, the Trump administration has continued to support federal prohibition of marijuana use.
Since 2012, when Washington and Colorado first legalized recreational marijuana, more than 24 states have followed suit, and 38 states have legalized medical marijuana. However, in the November election, only Nebraska managed to pass a medical marijuana legalization law and create a cannabis commission. Ballots to legalize recreational marijuana in North and South Dakota, as well as Florida, failed. Similarly, in Massachusetts, where recreational marijuana is already legalized, voters rejected legislation to legalize psychedelic substances.
Trump has not said he would support legalizing recreational pot on a national level. During his 2016 campaign, Trump advocated leaving the issue to the states. In October 2015, Trump said that marijuana legalization «should be a state-by-state, state-by-state issue». As president, the Trump administration has continued to support federal prohibition of marijuana use.
As part of his 2021 budget, Trump proposed repealing a federal policy protecting state medical marijuana programs from any interference from the Department of Justice.
«I believe it is time to end the senseless arrests and imprisonment of adults for small amounts of marijuana used for personal consumption» — he wrote in a post on Truth Social. «Sensible regulations should also be implemented to ensure adults have access to a safe and proven product».
Trump said he would support legalizing recreational marijuana in Florida, though the proposed amendment failed to garner the necessary 60 percent. He also suggested that Biden's cannabis policy could remain the same.
«If I am president, we will continue to focus on research to move marijuana to a third category of controlled substances and work with Congress on common sense bills, including safe banking options for legal businesses» — Trump added.
«I believe it is time to end the senseless arrests and imprisonment of adults for small amounts of marijuana used for personal consumption» — he wrote in a post on Truth Social. «Sensible regulations should also be implemented to ensure adults have access to a safe and proven product».
Trump said he would support legalizing recreational marijuana in Florida, though the proposed amendment failed to garner the necessary 60 percent. He also suggested that Biden's cannabis policy could remain the same.
«If I am president, we will continue to focus on research to move marijuana to a third category of controlled substances and work with Congress on common sense bills, including safe banking options for legal businesses» — Trump added.
Cannabis and marijuana are not mentioned in «Blueprint 2025», a lengthy document seen as laying out a conservative agenda for the next Republican administration.
«The new president's drug policy priority should be to address the current fentanyl crisis and reduce overdoses and fatalities» — the document says, highlighting the alarming levels of opioid use. It also focuses on the need to combat drug trafficking organizations and stem the flow of illegal drugs into the United States. The Republican administration «must reaffirm its commitment to preventing drug addiction, providing treatment for long-term recovery and reducing the availability of illicit substances in the country» — the document said.
«When Trump was first president, we had an attorney general who was a real hardliner against cannabis» — Culver said, referring to former Attorney General Jeff Sessions.
In early 2018, Sessions overturned Obama policies regulations that had made it unnecessary for federal prosecutors to prioritize cannabis enforcement. The decision raised concerns that the federal government could increase pressure on states with more liberal cannabis laws.
«The new president's drug policy priority should be to address the current fentanyl crisis and reduce overdoses and fatalities» — the document says, highlighting the alarming levels of opioid use. It also focuses on the need to combat drug trafficking organizations and stem the flow of illegal drugs into the United States. The Republican administration «must reaffirm its commitment to preventing drug addiction, providing treatment for long-term recovery and reducing the availability of illicit substances in the country» — the document said.
«When Trump was first president, we had an attorney general who was a real hardliner against cannabis» — Culver said, referring to former Attorney General Jeff Sessions.
In early 2018, Sessions overturned Obama policies regulations that had made it unnecessary for federal prosecutors to prioritize cannabis enforcement. The decision raised concerns that the federal government could increase pressure on states with more liberal cannabis laws.
«I don't think that's likely to happen this time around», Culver noted. «It's more likely that the president will appoint someone who will take a more neutral stance or advocate for reform in this area. TheAdministration will include figures like Robert F. Kennedy Jr. who strongly support legalization».
Despite Sessions' staunch opposition to cannabis, Trump said in 2018 that he would likely eventually support bipartisan legislation allowing states to regulate their own marijuana laws. Culver says Trump's position appears to be centered on public safety and creating a regulated marketplace that eliminates access to cannabis for children.
On Election Day, 24 states and the District of Columbia had laws in place to legalize recreational marijuana. That number remains the same: ballots failed in Florida , as well as South and North Dakota — two states where voters have repeatedly rejected legalizing pot. Opponents warn of potential health risks from marijuana use. They also accuse cannabis companies of profiteering and say they want to wait for national policy changes.
Despite Sessions' staunch opposition to cannabis, Trump said in 2018 that he would likely eventually support bipartisan legislation allowing states to regulate their own marijuana laws. Culver says Trump's position appears to be centered on public safety and creating a regulated marketplace that eliminates access to cannabis for children.
On Election Day, 24 states and the District of Columbia had laws in place to legalize recreational marijuana. That number remains the same: ballots failed in Florida , as well as South and North Dakota — two states where voters have repeatedly rejected legalizing pot. Opponents warn of potential health risks from marijuana use. They also accuse cannabis companies of profiteering and say they want to wait for national policy changes.
Florida's Third Amendment, which legalized cannabis, was backed by a campaign that spent more than $150 million, with much of that money coming from major medical marijuana company Trulieve, according to membership station WUSF. Trump supported the measure, but Governor Ron DeSantis mounted a strong campaign against both it and the abortion amendment.
«Chief of Staff James Utmeyer led two committees that raised more than $30 million to fight the two proposals» — WUSF reports.
«I don't think there has ever been a single company in American history that has put that much money into one ballot measure» — DeSantis said of the Third Amendment. He accused Trulieve of seeking a for-profit monopoly, noting that the measure would prevent people from growing their own cannabis plants.
According to the CDC, Nebraska voters supported the legalization of medical marijuana, leaving Idaho and Kansas as the only states without a program to legalize cannabis for medical and/or recreational use.
«Chief of Staff James Utmeyer led two committees that raised more than $30 million to fight the two proposals» — WUSF reports.
«I don't think there has ever been a single company in American history that has put that much money into one ballot measure» — DeSantis said of the Third Amendment. He accused Trulieve of seeking a for-profit monopoly, noting that the measure would prevent people from growing their own cannabis plants.
According to the CDC, Nebraska voters supported the legalization of medical marijuana, leaving Idaho and Kansas as the only states without a program to legalize cannabis for medical and/or recreational use.
Cannabis legalization has turned out to be a significant policy shift for many U.S. states, with cannabis tax revenue topping $4 billion in 2023, a record high, according to information from the Marijuana Policy Project.
With the growing number of Americans regularly using marijuana, the National Academies of Sciences, Engineering and Medicine noted in September that both federal and local governments must address regulatory and standardization shortcomings. The academy warned that a lack of clear and accurate information could pose a threat to the nation's public health.
«I don't think the Biden administration will be able to finish the reform that started in October 2022» — Culver says. «I believe it will have to be continued and completed by the Trump administration in 2025. And I expect him to get on it».
Culver also believes cannabis will not be a priority for Trump when he returns to office. He believes cannabis regulatory policy could include creating a structure that would leave «a lot of the regulation at the state level, like we do with alcohol».
With the growing number of Americans regularly using marijuana, the National Academies of Sciences, Engineering and Medicine noted in September that both federal and local governments must address regulatory and standardization shortcomings. The academy warned that a lack of clear and accurate information could pose a threat to the nation's public health.
«I don't think the Biden administration will be able to finish the reform that started in October 2022» — Culver says. «I believe it will have to be continued and completed by the Trump administration in 2025. And I expect him to get on it».
Culver also believes cannabis will not be a priority for Trump when he returns to office. He believes cannabis regulatory policy could include creating a structure that would leave «a lot of the regulation at the state level, like we do with alcohol».
Trump also expressed his intention to continue research aimed at «unlocking the medical use of marijuana as a Schedule III drug». The announcement came after the Drug Enforcement Agency, under President Biden, announced plans to move marijuana from the Schedule I category to Schedule III under the Controlled Substances Act, which involves reducing restrictions. Schedule I drugs are considered to have no recognized medical use and have a high potential for abuse. Substances such as heroin and LSD are also included in this category.
In terms of abuse, Schedule III drugs used, for example, to treat pain or suppress appetite, have a lower risk of abuse, although they can be psychologically addictive. Such substances include ketamine, low-dose opioids and anabolic steroids.
«As president, we will continue to focus on research to get marijuana into Schedule III for medical purposes. We will also work with Congress to pass sensible legislative initiatives, including safe banking for state-licensed businesses and supporting states' rights to pass marijuana laws, as successfully implemented in Florida» — Trump wrote on the Truth Social platform in September.
