Despite moves to loosen marijuana regulations over the years, cannabis remains illegal at the federal level (with some new exceptions). I’ll explain what’s going on.
President Trump signs EO deregulating federal cannabis regulations
President Donald Trump has signed an executive order loosening federal regulations on marijuana.
Despite years of momentum to loosen regulations on cannabis, including a recent order from the Trump administration’s Justice Department, there remains a wide gap between states and the federal government.
On April 23, the Department of Justice announced that it would ease federal regulation of some types of marijuana for medical use by moving them from Schedule I, the most heavily regulated drug under the Controlled Substances Act, to Schedule III, where they can be legally prescribed.
However, this measure does not apply to all marijuana, nor does it make it legal for recreational use at the federal level. The Trump administration said it was able to make this narrow change quickly while pursuing more sweeping schedule changes.
Heather Torella, director of operations and fellow at the Rockefeller Institute of Government, said the Justice Department’s latest action means people who use medical marijuana in states with medical use programs won’t violate federal law if they follow that state’s rules.
But experts told USA TODAY that the move to reclassify marijuana would not satisfy long-standing efforts to legalize marijuana for other uses or resolve conflicts between federal and state laws.
“It doesn’t make it legal for use under any circumstances,” Trella said. “This does not legalize medical marijuana in states that have not legalized medical marijuana.”
Despite federal law, many states have taken the unconventional approach of passing their own laws regarding marijuana, often with laws that are much more permissive than the federal government.
This leaves the country with a confusing patchwork of state laws. Most states had already approved marijuana for medical use before the date change, and nearly half of all states allowed recreational use. Few states ban it completely.
Polls show that Americans generally support legalization. Over the past decade, at least 60% have supported legalization.
Former President Joe Biden announced his intention to reschedule marijuana use and also announced federal pardons for certain marijuana-related crimes. President Donald Trump has also called for changes to the schedule.
President Trump said last year: “Some people love it, and some people hate it. Some people hate the very concept of marijuana.”
What do the Trump administration’s new orders bring?
The Justice Department’s April 23 action did not change the reopening schedule for all cannabis, as Biden and Trump showed support. Instead, it rescheduled products that fall into two categories: “FDA-approved products containing marijuana and marijuana products regulated by state medical marijuana licenses.”
These types of marijuana products have been moved from Schedule I to Schedule III.
The Controlled Substances Act classifies drugs from Schedule I to Schedule V based on their potential for abuse, addiction, and medical use. Schedule I drugs “have a high potential for abuse and can cause severe mental and/or physical dependence” and “have no currently accepted medical use,” the DEA said.
Marijuana has been considered since 1970, when it was first listed as a Schedule I drug, along with drugs such as heroin, LSD, and ecstasy.
Schedule III drugs, including Tylenol and codeine or anabolic steroids, can be legally prescribed as FDA-regulated drugs.
The move could also provide tax benefits to cannabis companies in states where medical marijuana is legal. Torella said it’s unclear how that will play out and whether these companies have reason to be concerned if they also sell recreational marijuana, which is still illegal under federal law.
Explaining cannabis laws in each state
As of June 2025, 40 states, three territories and Washington, D.C., all allow medical marijuana use, according to the National Conference of State Legislatures, which monitors state laws. Twenty-four states, three territories, and Washington, D.C., have passed laws allowing recreational use with varying specific rules regarding legal restrictions. That’s an increase compared to just a few years ago.
Some other states allow “low THC, high cannabidiol” products for medical purposes.
Only one state, Idaho, has no legal use of marijuana products at all.
There is significant public support for full legalization. According to an October 2025 poll by Gallup, which has been conducting public opinion polls on cannabis for decades, about 64% of Americans think it should be legalized. The 2025 result was a slight decline from the 2023 peak approval rating of 70%.
Why is marijuana legal in states but illegal federally?
Technically, marijuana is illegal everywhere at the federal level, even though a growing number of states have announced that it is legal. The wave of medical and recreational laws passed at the state level has created a confusing disconnect.
Torella said the federal government could choose to prosecute someone for recreational use of marijuana at any time, even if they are in a state where marijuana is allowed and follow all state regulations.
But the federal government doesn’t do that, preferring instead to use its resources to pursue crimes it deems more important. Torella said they still sometimes charge someone with marijuana possession if their actions attract too much attention. This could include using weed on federal property, the U.S. Park Police recently announced.
For more than a decade, Congress has passed budget provisions that prohibit the Department of Justice from using taxpayer funds to interfere with states’ ability to implement medical marijuana programs.
And the government has discretion over how to enforce the law. Obama-era policy stipulated that the Justice Department would not interfere with state laws allowing the use of marijuana for medical or recreational purposes, effectively blocking the prosecution of nonviolent users not involved in organized crime. These were rescinded during President Trump’s first term.
“The federal government’s attitude has always been that it’s not worth the time,” Torella said.
Trella said rescheduling all marijuana to Schedule III, which the Trump administration continues to evaluate, could reduce mandatory minimum penalties for people charged with marijuana use.
However, not all marijuana use is legal at the federal level. He said full legalization is unlikely in the near future.
Can the government legalize marijuana?
Torella said Congress could act on its own to reschedule marijuana or legalize it completely. Until now, there hasn’t been enough momentum in Congress to make much progress.
Otherwise, the executive branch could pursue a much longer and more complicated process to change how marijuana is classified.
The Department of Justice announced it will begin a broader marijuana rescheduling process, including administrative hearings, beginning in late June. By limiting the scope of the rescheduling order in April, the Justice Department could bypass some of the formal administrative rulemaking process and allow the order to take effect immediately.
Delayed cannabis could encounter opposition
A federal lawsuit has already been filed over the Justice Department’s authority to order limited schedule changes. On May 4, the group Smart Approaches to Marijuana (SAM) and the National Drug and Alcohol Testing Alliance filed a petition to block the April date change, arguing that it violates rulemaking requirements and is beyond the administration’s authority.
“With this move, we face the most pro-drug regime in history,” SAM said in a statement. “It’s certainly a drug that should be carefully studied, but it shouldn’t be legalized through the back door.”
The group said marijuana should remain in Schedule I until research proves it does not meet the standards.
Torella said the change would be very beneficial to research and is the main reason President Trump said he was in favor of changing the date.
When marijuana was strictly a Schedule I drug, that also meant there were major legal hurdles for those trying to conduct research on its effects, she said. It created something of a feedback loop. It was difficult to study marijuana to prove its medical value because the federal government claimed it had no medical value.
Torella said previous studies were limited in scope and sample size.
Federal scientists said the main reason for the move to reschedule marijuana use is because of marijuana’s low public health risks. Medical uses include pain, anxiety, and glaucoma relief. However, some studies point to health and psychological risks, including lower IQ, heart problems, and temporary paranoia and hallucinations.
“What are the long-term effects? Are there any long-term effects? What does marijuana do to your body? What is marijuana good for? What is it not good for? Does it relieve anxiety or not?” Torella said. “We don’t know many of these things.”
Contributor: Eduardo Cuevas
