While the vast majority of states have reformed their cannabis laws, marijuana and marijuana products remain illegal at the federal level, with very limited exceptions. The pending rescheduling of cannabis will finally acknowledge its medical value, but it will not legalize cannabis, even for medical purposes. Since late 2013, however, federal criminal laws have largely not been enforced against state-legal businesses and individuals.
Meanwhile, 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.
President Trump Orders Cannabis to Be Rescheduled from Schedule l to Schedule lll
Background on Rescheduling
Millions of Americans have experienced cannabis’ medical benefits, and yet 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.
During his 2024 campaign, Donald Trump said, "We will continue to focus on research to unlock the medical uses of marijuana to a Schedule 3 drug.” On December 18, 2025, President Trump signed an executive order directing the Attorney General to expedite rescheduling of cannabis from Schedule l to lll. The move from Schedule l to lll is the first time in almost a century that federal law has acknowledged that cannabis has medical value.
However, cannabis — like alcohol — should not be on any schedule. We will continue to push for full federal descheduling 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.
The 2018 Farm Bill and 2026 Hemp Product Ban
In 2018, Congress passed and President Trump signed the FARM Act, which included the legalization of hemp products with up to 0.3% THC. Afterwards, the sale of hemp-derived products proliferated nationwide, including synthetically produced intoxicating cannabinoids. Several states set up laws to regulate and tax hemp-derived THC products, including states without adult-use legalization.
However, as part of the package of bills to end a government shutdown, Congress passed a dramatic rollback of hemp legalization in late 2025. Beginning on November 12, 2026, federal law will completely prohibit hemp products with more than 0.4 milligrams of total THC per container. Unless the law is revised in Congress before it takes effect, this will render nearly all hemp products on the market illegal under federal law. As part of his executive order on rescheduling, Pres. Trump directed executive staffers to work with Congress “to update the statutory definition of final hemp-derived cannabinoid products to allow Americans to benefit from access to appropriate full-spectrum CBD products while preserving the Congress's intent to restrict the sale of products that pose serious health risks.”
Federal Cannabis Legislation in Congress during the 2025-2026 Session
Representatives 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-level adult-use cannabis programs and regulate interstate commerce, while requiring the FDA to create regulations surrounding cannabis product manufacturing.
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.
Congress Leaves Out Veterans’ Access to Medical Cannabis Another Year
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. Ultimately, however, the veteran’s medical cannabis provision was left out again in the 2025-2026 appropriations process.
This bill’s sponsor, 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, which is still in committee as of late 2025.
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. 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
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. As of December 2025, the Rohrabacher-Farr amendment has been temporarily extended. In January 2026, the CJS spending bill will have to go through negotiations again.
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).