US marijuana laws explained as Trump admits he's considering making major change

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By James Kay

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Donald Trump has admitted that he is considering making a major change to laws surrounding marijuana - but what are they right now?

At a press conference on August 11, Trump revealed that the administration is looking into changing the drug's classification, with a decision expected within the next few weeks.

"We’re looking at reclassification, and we’ll make a determination over the next - I would say, over the next few weeks, and that determination hopefully will be the right one. It’s a very complicated subject," Trump stated.


This announcement comes just days after Trump attended a high-profile fundraiser where cannabis industry leaders, including Kim Rivers, CEO of Trulieve, one of the largest marijuana companies, were present.

So what are the cannabis laws right now?

Currently, marijuana is classified as a Schedule I drug under the Controlled Substances Act of 1970, a category that labels it as highly dangerous with no accepted medical use.

This classification has led to stringent federal regulations, despite the fact that 45 states have legalized medical marijuana and some have legalized it for recreational use.

The punishment for possession varies from state to state, with some states allowing the use of marijuana while others could see users slapped with a fine or even jail time.

Selling of the drug, outside of licensed premises, remains illegal.

GettyImages-2229673004.jpg Trump is considering relaxing marijuana laws. Credit: China News Service / Getty

A reclassification of marijuana to a Schedule III drug would reduce the criminal penalties associated with its possession and use, opening the door to more research on its medical uses and possibly offering tax breaks for marijuana companies.

However, it would not legalize recreational marijuana on a federal level.

Trump himself acknowledged the complexity of the issue, stating, “I’ve heard great things having to do with medical and bad things having to do with just about everything else.”

He pointed to the divided public opinion on marijuana, noting: “some people like it, some people hate it. Some people hate the whole concept of marijuana.”

Trump’s stance on marijuana has evolved over the years. During the early days of his political career, he signaled support for the legalization of drugs, including marijuana, as part of a broader strategy to combat the U.S. drug crisis.

GettyImages-637168428.jpg Marijuana laws vary from state to state. Credit: Ashley Cooper / Getty

In 1990, Trump was quoted in the Sarasota Herald-Tribune, stating: "We're losing badly the war on drugs. You have to legalize drugs to win that war. You have to take the profit away from these drug czars."

His views have since shifted, with Trump expressing cautious support for marijuana during his 2016 presidential campaign.

At a Nevada rally in November 2015, Trump stated that marijuana legalization should be left to the states, while also emphasizing the need for more research into its effects, particularly in states like Colorado, which legalized recreational marijuana in 2012.

In a 2016 interview with Fox News, Trump reiterated his support for medical marijuana, saying: “I do want to see what the medical effects are. I have to see what the medical effects are and, by the way — medical marijuana, medical? I’m in favor of it a hundred percent.”

However, during his first term in office, Trump failed to take significant action on marijuana policy. In 2018, the Trump administration lifted a policy put in place under President Obama that directed federal authorities not to pursue marijuana prosecutions in states where it was legal, per Time.

Although Trump repeatedly proposed ending a policy that restricted the Justice Department from interfering with state-level medical marijuana programs, Congress ultimately kept these protections intact.

GettyImages-2228400323.jpg Trump has previously made comments about marijuana. Credit: Anna Moneymaker / Getty Images.

Trump’s position on marijuana took a more definitive turn during the 2024 presidential race.

In September 2024, he revealed his support for Florida’s Amendment 3, a constitutional amendment that would have legalized the possession, sale, and recreational use of marijuana.

Although the amendment ultimately failed to meet the required threshold for approval, Trump continued to express his desire to end unnecessary arrests for marijuana possession and promote access to safe, regulated products.

"I believe it is time to end needless arrests and incarcerations of adults for small amounts of marijuana for personal use," Trump wrote on Truth Social.

He also called for “smart regulations” and better access to tested marijuana products, signaling his ongoing commitment to reforming marijuana laws.

Featured image credit: Christopher Furlong / Getty Images


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