Will Trump Legalize Weed Federally? Analyzing the Possibilities Ahead

With President Trump back in the Oval Office, members of the cannabis community are watching the administration closely to see how marijuana policy may be impacted. Federal marijuana legalization has remained a key issue for decades, as advocates continue to push for full reform. So, will Trump legalize weed federally?

Trump’s stance on weed has been mixed throughout his years campaigning and in office. In 2016, while Trump promoted states’ rights and left marijuana policy up to the states during his presidential campaign, the Trump administration still upheld federal prohibition laws when it came to cannabis. And while Trump has previously voiced support for states with medical cannabis, in 2021, Trump’s fiscal budget proposal removed protections from states with legal medical marijuana laws.

Despite Trump’s first presidency, the cannabis landscape has changed for the better. More states have passed laws legalizing marijuana possession and use, bringing the total from only eight adult-use states to 23 and D.C. In addition, 20 states have legalized the medical use of marijuana.

With his recent re-entry into office, President Donald Trump’s stance on the federal legalization of marijuana has not changed much. Trump still supports states’ rights and has made positive statements toward medical marijuana and the proposed rescheduling of medical cannabis. However, his recent administration nominations, like Pam Bondi for Attorney General, raise many questions about Trump’s exact thoughts and how the Trump Administration will handle the current marijuana policy at the federal level.

With recreational use laws in 23 states and D.C., many people wonder if Trump will legalize weed federally in 2025. Cannabis legalization under Trump seems to remain uncertain. In Trump’s first presidency, acting Attorney General Jeff Sessions rescinded the Cole Memo. The Cole Memo was implemented in 2014 through Barack Obama’s Attorney General, James M. Cole. It stated that federal prosecutors shouldn’t use their limited resources to target cannabis businesses or individuals who were following the cannabis laws of their state. In 2018, under the last Trump Administration, Jeff Sessions instructed federal prosecutors to enforce federal laws on marijuana to the fullest extent of the Controlled Substances Act (CSA).

In August of 2023, the Department of Health and Human Services (HHS) published a recommendation in support of rescheduling marijuana from Schedule I to Schedule III. At the start of April, the acting administrator for the DEA, Derek Maltz, sent a memo stating that the pause on cannabis rescheduling remains. Derek Maltz has been a strong advocate against marijuana legalization, believing cannabis is a gateway drug. Other federal reform policies, when it comes to cannabis policy, include the Safe Banking Act (SAFER), allowing banking access for cannabis businesses. Trump and some party members have stated they support its passage in Congress.

Cannabis reform seems more in the air than ever with the present Trump administration. Recently, Trump nominated Terrance C. Cole to head the Drug Enforcement Administration (DEA). While not yet appointed, Cole has been vocal about his concerns regarding marijuana legalization. He has been quoted as saying that he will look to science and experts when it comes to marijuana legalization.

Donald Trump has consistently maintained that he has never smoked weed. He has remained staunchly anti-drug throughout his lifetime and career, stating he doesn’t drink alcohol, use cigarettes, or any illegal substance.

Under the current administration with Trump and his chosen nominees, the path to federal marijuana legalization remains unclear. Until then, it continues to remain a state issue. State legislatures have continued to pass their own cannabis policies, whether it be enacting medical marijuana laws or adult-use cannabis laws. As of now, it is unlikely that cannabis decriminalization will be passed at the federal level. There still may be hope with rescheduling cannabis to Schedule III, but full federal legalization remains unlikely.