Politics
Trump’s Marijuana Rescheduling Move Could Boost State Legalization Efforts, Lawmakers In Pennsylvania And Tennessee Say
If marijuana rescheduling is finalized as President Donald Trump instructed on Thursday, the practical policy impact on the federal level will be somewhat limited, as cannabis would remain illegal. But lawmakers in states like Pennsylvania and Tennessee say the political effect could ultimately prove more impactful as they work to enact local reforms in the next year.
The executive order Trump signed directs the attorney general to complete a process to move cannabis from Schedule I to Schedule III under the Controlled Substances Act (CSA), which would let cannabis businesses take federal tax deductions and lift certain research barriers.
While it wouldn’t legitimize state marijuana programs in the eyes of the federal government, the decision by a Republican president to loosen longstanding cannabis laws and recognize its medical benefits could embolden on-the-fence legislators at the state level, who may see it as a signal that the politics of the issue are shifting and there’s a lower risk of federal enforcement action.
In Pennsylvania, for example, bipartisan lawmakers who’ve been working to enact adult-use legalization over recent sessions without success so far say Trump’s rescheduling action could grease the wheels in the new year.
“I think that having President Trump, in particular, sign this executive order really gives permission for a lot of Republican lawmakers who may have been reticent about actually admitting that they supported it some cover to be able to actually support it,” Rep. Emily Kinkead (D) said. “I am even more optimistic than I was that we are going to get legalization of recreational cannabis done in Pennsylvania in 2026.”
The executive action “reflects the support that we see broadly in the nation—that, overwhelmingly, people support legalization of marijuana, and it is bipartisan,” Kinkead told CBS Pittsburgh.
“There isn’t much on which I agree with President Trump, but rescheduling cannabis is long overdue,” she said separately in a press release. “In 2026, Pennsylvania needs to join every other state in the Northeastern United States and legalize adult recreational use—for revenue, for jobs, for justice.”
Rep. Abby Major (R), who is sponsoring a legalization bill with Kinkead, said she looks forward to “building off the momentum of rescheduling by working with my colleagues in the House and Senate to deliver what 74 percent of Pennsylvanians want: adult-use cannabis,”
“We’ve seen the clearest indication from the White House today that Republicans can lead on cannabis. It shouldn’t be any different in Pennsylvania,” she said on Thursday.
Rep. Dan Frankel (D), chair of the House Health Committee and another champion of reform in the legislature, also said the rescheduling move will “bolster the existing medical marijuana marketplace.”
“I think it’s going to be a significant step in the right direction to get us to a point where we’re not criminalizing marijuana,” he said. “It’s a significant step to creating an environment where people can purchase at this point medical marijuana without worrying about potential federal criminal penalties.”
While there may be some disagreement among lawmakers about rescheduling or broader reform, Trump’s executive order marks a “step toward common-sense drug policy reform,” Sen. Dan Laughlin (R) said.
“I know this is a topic that sparks strong opinions on both sides, but if you take an objective look at the guidelines, marijuana should have never been classified as a Schedule I drug,” he said. “I support the Trump Administration’s decision to reclassify it as a Schedule III substance, which better reflects the scientific evidence and could help unlock more research, medical applications, and regulatory clarity.”
Laughlin’s Democratic counterpart on bills to legalize cannabis in the Keystone State, Sen. Sharif Street (D), said the rescheduling decision “is a long-overdue and evidence-based step that acknowledges what doctors have known for years: Cannabis doesn’t belong in the same legal category as heroin.”
“But this is only the first step. Rescheduling cannabis doesn’t undo the harms of the past,” he said. “Real reform must include expungement, reinvesting resources in communities most impacted by the war on drugs—especially Black and Brown communities—and a legal, regulated market that prioritizes public health, safety and equity.”
“That’s why I’ve been fighting in Harrisburg to legalize and regulate adult-use cannabis on a bipartisan basis—and why I’m now prepared to take that fight to Washington,” Street, who is running for Congress, said.
Brit Crampsie, a spokesperson for the industry advocacy group ResponsiblePA, said the president’s “move to reclassify cannabis is a major wake-up call to state lawmakers who are failing Pennsylvanians.”
“We lag behind our neighboring states that already have regulation on the books,” she said. “Further, with the reclassification of cannabis nationwide by the Trump administration and the closing of the intoxicating hemp loophole by Congress, Pennsylvania must step up and institute comprehensive cannabis regulation.”
Not every lawmaker is taking the rescheduling news as an affirmation to move forward with legalization, however. Senate Majority Leader Joe Pittman (R), for example, said he continues to feel “this is an issue which the federal government needs to provide consistent policy on, rather than states engaging in piecemeal approaches that do not comport with current federal law.”
“While President Trump’s Executive Order is a step to offer greater clarity and uniformity for medical marijuana, it does not legalize or encourage the use of marijuana for recreational purposes,” he said, adding that Democratic House lawmakers earlier this year “took a massive step backward in this debate by sending us such an unserious recreational marijuana legalization proposal.”
“At this time, we have very complex issues with a higher level of urgency to address, such as gaming reform, to provide clarity and ensure public safety,” he said.
For what it’s worth, another top GOP senator—Sen. Scott Martin (R), chair of the chamber’s Appropriations Committee—said earlier this month that he was skeptical about the prospects of enacting legalizing in the 2026 session, in part because of the federal classification of cannabis that’s now expected to change. Of course, marijuana would still be federally illegal under Schedule III, so it’s unclear if a simple loosening of the law would move the needle enough from his perspective.
There’s talk about advancing state-level reform in red states, too.
In Tennessee, for instance, the Republican House speaker described the rescheduling development as a “first step,” though he noted there are still certain outstanding logistical questions to answer.
“There will have to be conversations about who manufactures it, who tests it, who distributes, which medical illness could it be used for, does this require [federal Food and Drug Administration, or FDA] approval and a host of other questions,” House Speaker Cameron Sexton (R) told The Tennessean.
House Majority Leader William Lamberth (R), who has worked to restrict intoxicating hemp products, added that “any change in the federal drug schedule that acknowledges legitimate medical use based on scientific evidence will certainly be taken into consideration as we strive to form an appropriate legal framework for dangerous substances.”
Sen. London Lamar (D), for her part, told WSMV that “if Washington can acknowledge reality, Tennessee can, too.”
“Our marijuana laws are stuck in the dark ages—overly punitive, out of step with our neighbors and holding our state back,” she said. “It’s time for the General Assembly to take a serious step forward on cannabis reform.”
“Cannabis reform is about freedom, public health and fiscal responsibility. We should be supporting medical researchers who want to study cannabis and patients who would choose cannabis treatments over deadly opioids,” Lamar said. “Our current laws force us to waste tax dollars on incarceration instead of investing in roads, schools and healthcare, and we’re also missing out on economic growth and new revenue.”
Over in Wyoming, the rescheduling news elicited a different kind of reaction from state Attorney General Keith Kautz (R), who was asked about how the state will navigate a “trigger law” that’s generally intended to align federal and state drug scheduling statutes.
If U.S. Attorney General Pam Bondi abides by Trump’s directive and finalizes the rescheduling rule, the Wyoming attorney general’s office would have 30 days from then to either adopt the marijuana classification or provide an explanation if it chooses to stay the course.
“I’m just going to follow the statute,” Kautz said. “And I already [noted] that our state has been reluctant to go the route of medical marijuana.”
To that point, after the Trump administration rescinded Biden era guidance on cannabis prosecutorial discretion, the U.S. Attorney’s Office for the District of Wyoming advised that it would begin “rigorously” prosecuting people over cannabis use or possession on federal lands within the state.
Given how recently the executive order was signed, it is likely that lawmakers and officials in more states will be taking the federal action into account as they prepare for the 2026 session. And for advocates, the symbolism of rescheduling is a welcome sign of revamped momentum that helpfully demonstrates just how bipartisan marijuana policy reform has become.
Photo courtesy of Max Pixel.
