Since President Trump signed an executive order directing his administration to complete cannabis rescheduling, observers have questioned when (or whether) the change will occur. Months have passed with little visible action. Now, a new Congressional Research Service (CRS) report offers some talking points.
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As first reported by Marijuana Moment, the CRS provided a revised briefing on cannabis policy titled “The Federal Status of Marijuana and the Policy Gap with States.” The report appears slightly less optimistic in tone than a previous iteration.
According to the researchers, the discrepancies between state and federal law on cannabis could be addressed by Congress. Potential areas include “marijuana’s designation under the CSA [Controlled Substances Act], financial services for [cannabis] businesses, federal tax policy, oversight of federal enforcement, and state implementation.”
If Congress takes no action, “the DOJ may move marijuana from Schedule I to Schedule III.” This marks a shift from the 2024 report, which said it was “likely” the DOJ would reclassify cannabis. This may call into question whether Trump’s order will indeed be followed.
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The report also states that moving cannabis to Schedule III “would not bring the state-legal medical marijuana industry into compliance with the CSA.” The last version of the memo referred only to recreational cannabis.
Other, more pessimistic, language notes that “concerns about the United States’ compliance with international treaty obligations in regard to marijuana control may remain.”
While compliance with international drug law has been cause for concern with regard to cannabis reform, other countries, including Canada and Germany, have legalized marijuana with no apparent consequence.
The report is speculative and does not indicate how rescheduling will proceed. However, its tone shifts from momentum to caution, underscoring that meaningful reform may depend on Congress rather than administrative action alone.
