While the vast majority of states have reformed their cannabis laws, federal law has remained largely unchanged since the early 1970s. Except in very rare circumstances, at the federal level, marijuana and marijuana products are illegal. Since late 2013, however, federal criminal laws have largely not been enforced against state-legal businesses and individuals. Meanwhile, in 2018, the FARM Act legalized the production and sale of hemp products, with up to 0.3% THC.

At the same time, two dozen states have legalized cannabis for adults’ use, and 42 have legalized the possession, production, and sale of at least some medical cannabis products that are federally illegal. But the continuation of federal prohibition creates dangers and challenges for consumers, regulators, law enforcement, and businesses.

Click the links below for a closer look at some of the key issues.

• Current marijuana bills before Congress
• What would rescheduling cannabis to Schedule III do?
• How can states legalize when the federal government prohibits marijuana possession for everyone?
• Are consumers or cannabis business owners at risk of going to jail under federal law?
• What’s up with legalization in DC?
• Banks and marijuana businesses
• What is 280e?

Rescheduling Process Is In Limbo

Although millions of Americans have experienced cannabis’ medical benefits, the federal government incorrectly classifies cannabis as a Schedule I drug, which is reserved for drugs like heroin that have a high potential for abuse and little to no medical benefit. In 2022, the Biden administration advised the U.S. Department of Health and Human Services (HHS) and the Attorney General's office to conduct a scientific review of cannabis’ schedule under the Controlled Substances Act (CSA).

In August 2023, the HHS and FDA recommended that cannabis be reclassified to Schedule III. The agencies’ scientific review found that cannabis has currently accepted medical use and a lower potential for abuse than Schedule I and II drugs. The Department of Justice proposed rescheduling in 2024 and opened a public comment period shortly after. More than 90% of the over 42,000 comments submitted called for re-scheduling or descheduling. During the public comment window, MPP mobilized thousands of supporters, including physicians and health and medical organizations.

At the end of 2024, the DEA appointed Judge John Mulrooney to oversee the rescheduling hearing and named 25 witnesses to participate in the proceeding. Questions arose regarding whether the DEA should be included in the hearing as the proponent, given its apparent bias against rescheduling, as evidenced by its collaboration with individuals who opposed rescheduling to enable them to be witnesses. Judge Mulrooney cancelled (stayed) the hearings until the challenge was settled or resolved.

Since then, rescheduling has stalled as the presidential administration and DEA leadership changed, and Judge Mulrooney has retired. During the 2024 campaign, Donald Trump said, "we will continue to focus on research to unlock the medical uses of marijuana to a Schedule 3 drug.” However, it remains unclear whether the Trump Administration will complete the rescheduling process.

MPP will continue to push for full federal rescheduling and legalization. We remain focused on advancing cannabis freedom state by state to build the critical mass of support that will make nationwide legalization a reality.

Federal Cannabis Legislation in the 2025-2026 Session

Representatives have introduced a handful of federal cannabis bills in 2025. However, none have received a hearing so far.

The STATES 2.0 (Strengthening the Tenth Amendment Through Entrusting States) Act has been reintroduced by Representatives David Joyce (R-OH), Max Miller (R-OH), and Dina Titus (D-NV). This bipartisan legislation would remove criminal penalties for state-legal cannabis activities. It would also protect state adult-use cannabis programs and regulate interstate commerce, while requiring the FDA to create regulations surrounding cannabis product manufacturing.

Additionally, Rep. Joyce and House Democratic Leader Hakeem Jeffries (D-NY) introduced the PREPARE (Preparing Regulators Effectively for a Post-Prohibition Adult-use Regulated Environment) Act. If passed, this bill would establish a commission to advise lawmakers on setting a practical regulatory framework for legal cannabis.

Meanwhile, the MORE Act has been reintroduced by Representative Jerry Nadler (D-NY) and dozens of Democratic cosponsors. If passed, the bill would impose a federal tax starting at 5% on cannabis and cannabis products and decriminalize it nationwide by removing it from the Controlled Substances list. The bill also includes social justice language, including providing for expungement and allowing courts to consider re-sentencing. Under prior Democratic leadership, the U.S. House twice voted to pass the MORE Act in 2020 and 2022, which would have ended federal cannabis prohibition. But the Senate has never even held a committee vote on any bill to legalize cannabis federally.

Please use our take action form to help encourage lawmakers to act on federal cannabis legalization!

Congress Considering Easing Veterans’ Access to Medical Cannabis

Under federal policy, Veterans Affairs (VA) doctors are not allowed to recommend medical cannabis to military veterans. This policy shuts many veterans out of their states’ medical cannabis programs, and drives up costs for others. In the summer of 2025, both the U.S. House and Senate included identical budget provisions in their version of the MilCon-VA spending bills to prevent the funds from being used to enforce the prohibition on VA recommendations for medical cannabis. Other provisions in the MilCon-VA spending bill differ in the House and Senate versions, so it will need to go through the reconciliation process before it can head to the president’s desk.

Rep. Brian Mast (R-FL), a veteran who suffered catastrophic injuries from an IED, championed the provision in the House of Representatives. He explains, “Our veteran population is facing multiple epidemics, including addiction and suicide, and we owe it to them to make sure they’ve got every tool possible in the arsenal to deal with the impacts of battle — that includes medical cannabis." Mast also sponsors a standalone bill to allow VA doctors to recommend medical cannabis — the Veterans Equal Access Act, H.R. 1384.

MPP has repeatedly been vocal that veterans should have access to medical cannabis, particularly given its potential to treat symptoms of PTSD and pain, which impact large numbers of veterans due to their service. This provision has been included in drafts of prior year’s spending bills, but they were ultimately left out when the final bills came to a vote.

It is long overdue for Congress to honor those who have served our country and allow veterans access to medical cannabis.

Cannabis Policy and the Appropriations Process

Authorizing VA doctors to recommend cannabis isn’t the only area of cannabis policy that has been taken up by Congress via the appropriations process. Since December 2014, the federal Commerce Science and Justice (CJS) budget has included the Rohrabacher-Farr amendment, which prohibits the Justice Department from spending funds to interfere with the implementation of state medical cannabis laws. This amendment must be renewed each fiscal year in order to remain in effect and has been included in a series of spending bills.

Along the same vein, the McClintock amendment would extend the rider on federal non-interference to adult-use legalization laws. In 2019, the House overwhelmingly voted in favor of the amendment — 267-165. But the rider to protect adult-use legalization was not included in the Republican-controlled Senate’s version, and it has never been included in a final, enacted CJS budget.

Meanwhile, prohibitionists have used the budget process to erode cannabis liberty. Congress prevented the District of Columbia from implementing its medical cannabis law from 1998 to 2009 through a budget rider. After D.C. voters legalized adult-use possession and home cultivation of cannabis in 2014, Congress blocked its ability to legalize and regulate adult-use sales, passing the “Harris Rider” named after its sponsor, prohibitionist U.S. Rep. Andy Harris (R-MD).

Many appropriations debates include consideration of cannabis issues, both reforms and regressions. During the 2025 appropriations process, Congress considered removing the Rohrabacher-Farr Amendment, adding an exception to the Rohrabacher-Farr rider for locations near sensitive locations, prohibiting funds from being used to complete the rescheduling process, and re-criminalizing hemp products with any THC. As of this writing, the 2025 appropriations process is not completed.