Donald Trump is reportedly weighing up making huge changes to cannabis laws - but what could this mean around the US?
The growing acceptance of medical cannabis and the potential federal rescheduling of marijuana have sparked intense debate, including a petition urging President Donald Trump to legalize marijuana.
Trump, who has previously fluctuated on his stance regarding cannabis, suggested during a fundraiser in August that he would consider moving marijuana from its current Schedule I status to a Schedule III classification, per the Wall Street Journal.
Currently, cannabis is categorized alongside drugs like heroin and LSD as having "no accepted medical use" and a high potential for abuse.
Reclassifying marijuana to Schedule III would acknowledge its medical benefits, remove some regulatory barriers, and allow for greater business and research opportunities. The move would also ease tax burdens for marijuana businesses.
Texas Joins the Medical Marijuana Movement
In a significant move for cannabis reform, Texas officially became the 40th state in the U.S. to allow medical marijuana sales in September, marking a major shift for the Lone Star State, per Forbes.
For years, Texas had one of the most restrictive medical marijuana programs in the country, limiting products to those with only 1% THC by weight.
However, the passage of House Bill 46 (HB46) in June brought substantial changes.
Signed into law by Governor Greg Abbott (R), the new legislation allows for products containing up to 10 milligrams of THC per dose and expands the list of qualifying medical conditions to include chronic pain, Crohn’s disease, and traumatic brain injury.
This change signals a shift toward more progressive cannabis policies, and Paul Armentano, deputy director of NORML, notes that Texas now has a "traditional" medical marijuana program.
He explains that even traditionally conservative states are becoming more accepting of medical cannabis: “Even in some of the reddest of red states, there is a growing acceptance of medical cannabis and that some of the most restrictive policies over time evolve in a way where they become far more expansive, they don't become more restrictive over time,” Armentano states.
“They begin as very restrictive, and become less and less restrictive as politicians and others become comfortable with the reality that cannabis is a medicine that can benefit patients.”
Continued Growth for Cannabis Legislation
Texas' legislative move comes as the state debates another significant cannabis issue: hemp-derived THC.
While Texas is home to a booming hemp economy, efforts to ban hemp-derived THC have stalled in recent months.
A proposed ban, led by Lt. Gov. Dan Patrick, failed to make it out of the special legislative session, and earlier this year, Gov. Abbott vetoed a bill that would have banned hemp-derived THC sales.
As a result, Texans can now access both potent hemp products and medical marijuana for qualifying conditions.
Nationally, the $32 billion cannabis industry is waiting for the Trump Administration’s decision on whether to reschedule marijuana from its current classification as a Schedule I drug, placing it alongside heroin and LSD.
While this process was initiated by President Joe Biden in 2022, it stalled. President Trump recently commented on the issue, stating: "We'll make a determination over the next few weeks," further fueling speculation on the future of cannabis regulation in the U.S.
Paul Armentano expresses cautious optimism about the rescheduling process: “We have a president who has hinted at the possibility of instructing the Attorney General to make changes in the federal classification of marijuana,” he said. “I’m still only cautiously optimistic about federal reform.”
State-Level Progress: Kentucky, Delaware, and More
Despite federal uncertainties, the cannabis industry is thriving at the state level. Kentucky, which legalized medical marijuana in March 2023, aims to launch sales before 2026, with Gov. Andy Beshear confident that dispensaries will be operating by the end of the year.
Meanwhile, Delaware, which launched its recreational marijuana market in August, reported impressive sales of $7.3 million in its first month, proving the demand for legal cannabis.
Looking ahead, more states could soon expand their cannabis programs. Hawaii, which legalized medical marijuana in 2000, has been attempting to pass recreational marijuana legislation.
After a failed attempt in 2024, lawmakers are pushing the decision to the following year. "I feel like Hawaii has been a case of Lucy with the football now for years," says Armentano.
Other States to Watch: Pennsylvania, Virginia, Wisconsin
Pennsylvania, which legalized medical marijuana in 2016, is facing a push for recreational legalization.
Gov. Josh Shapiro, a proponent of recreational cannabis, is working with lawmakers to build a consensus between Democrats and Republicans to move forward with a bill.
In Virginia, the fate of recreational marijuana hangs in the balance. While the state legalized marijuana in 2021, Gov. Glenn Youngkin has vetoed several bills to establish a legal market.
The next governor’s race could be crucial for Virginia's cannabis future. "Presuming Virginians go to the polls in November and elect the Democratic governor, Virginia is in play,” says Armentano. “If they do that, I think it's likely you’ll see legally regulated adult-use sales in Virginia in 2026."
Meanwhile, in Wisconsin, 63% of residents support legalizing marijuana, and 86% back medical marijuana.
However, despite this overwhelming support, efforts to pass cannabis legalization have faltered. Gov. Tony Evers has noted that marijuana legalization could become a reality if Democrats gain control of the legislature next year.