House Republicans Move to Undermine Trump on Cannabis Scheduling Today
Full House Appropriations Committee Vote – September 10, 2025 at 10:00 AM
Washington, D.C. – Today, the House Appropriations Committee will vote on provisions in the FY2026 Commerce-Justice-Science (CJS) appropriations bill that would both strip rescheduling authority from the Trump Administration and open the door to new DEA crackdowns on state medical cannabis programs.
The timing comes less than a month after President Trump publicly acknowledged the complexity of cannabis policy while signaling his openness to rescheduling. On August 11th, responding to a reporter’s question about whether he planned to move forward — and turning to DEA Administrator Cole and Attorney General Bondi for affirmation — Trump said:
“...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. Very complicated subject, the subject of marijuana. I've heard great things having to do with medical, and I've heard bad things having to do with just about everything else. But medical and, you know, for pain and various things. I've heard some pretty good things. But for other things, I’ve heard some pretty bad things.”
While the President cannot unilaterally reschedule cannabis, a November 4, 2021, Congressional Research Service analysis confirmed that the Controlled Substances Act assigns scheduling decisions to the Attorney General (delegated to DEA), with scientific input from HHS and FDA—not the President. The Supreme Court has held that a president may issue an executive order only if authorized by statute or the Constitution.
The only role a president can play is directing agencies to use the CSA process. HHS has recommended rescheduling, and DEA is currently completing its review.
House Republicans are now attempting to choke off that very process. Section 607 of the CJS bill would bar the use of federal funds to reschedule or deschedule cannabis, halting the DEA’s ongoing review midstream. Section 551(b) would also rewrite the long-standing Medical Cannabis Amendment (531(a)), which, since 2014, has barred the Department of Justice from interfering with state medical cannabis programs. By invoking the federal “Drug Free Zones” law (21 U.S.C. 860), it would give DOJ and DEA new authority to prosecute cannabis activity within 1,000 feet of public housing, universities, schools, and even video arcades—zones that encompass many licensed medical cannabis businesses.
“House Republicans are out of touch—even with President Trump,” said Steph Sherer, founder of Americans for Safe Access. “The Administration is moving forward with rescheduling through the established federal process, while these appropriations riders would roll back patient protections and stop progress. These riders are a green light for the DEA to raid state medical cannabis programs. It’s the Project 2025 playbook in action—federal agencies sent in to override voters and legislatures, this time targeting patients and providers.”
For more than a decade, Congress has renewed the Medical Cannabis Amendment with bipartisan support, recognizing the importance of protecting patients in the 40 states and D.C. with medical cannabis programs. The proposed changes in the FY2026 CJS bill would mark a dramatic reversal, undermining both patient access and the Administration’s ability to complete its rescheduling review.
-UPDATE-HOUSE APPROPRIATIONS PASSED CJS WITHOUT REMOVING THE PROVISIONS SEC 531(b) or SEC 607
Additional Resources:
The Medical Cannabis CJS Amendment
The Hill: A Bold, Beautiful Strategy for Trump’s Medical Marijuana Policy
WV Voices Can Show Medical Cannabis is Worth the Work
About Americans for Safe Access (ASA)
Americans for Safe Access (ASA) is the largest national organization of patients, medical professionals, scientists, and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research. Since 2002, ASA has been the leading voice for medical cannabis patients nationwide.
Contact: Steph Sherer, Americans for Safe Access (ASA)
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