Global Ganja Report

President Donald Trump signed an executive order Dec. 18 to accelerate the reclassification of marijuana, a move that would ease decades-old restrictions that have classified the drug alongside heroin as having no accepted medical value.

The US Controlled Substances Act ranks drugs along a five-tier spectrum based on their potential for abuse and recognized medical value. Schedule I drugs are those with a high likelihood of abuse, no accepted medical use, and considerable health risks even when administered under medical supervision. Since 1970, marijuana has been listed alongside heroin as a Schedule I drug. Schedule V drugs are those with accepted medical uses and a relatively low likelihood of abuse.

The US Supreme Court announced Dec. 15 that it will not hear a case challenging the federal illegality of marijuana. The case, Canna Provisions v. Bondi, was brought by four Massachusetts commercial cannabis growers. The businesses alleged that the Controlled Substances Act exceeds the powers of Congress under the Commerce Clause and violates the right to due process under the Fifth Amendment.

The White House FY2026 budget request calls for the repeal of a long-standing federal rider that prohibits the Justice Department from using taxpayer dollars to prosecute patients and others involved in the state-legal medical cannabis industry. The provision, which has been in place since 2014, protects patients, caregivers and medical cannabis providers in the 39 states that have legalized medical access from federal interference or criminal prosecution. Prior to the passage of this protection, federal prosecutors routinely took actions against patients and dispensaries in legal states.

Despite a heretofore uninspiring record, Biden is poised to complete a trifecta of long-sought reforms of federal cannabis law: giving the industry access to financial services, expungement of convictions for possession, and allowing medical research.

US President Joe Biden on Oct. 6 pardoned “all prior Federal offenses of simple possession of marijuana.” Biden explained that criminal records for marijuana possession have negatively impacted “too many lives,” particularly those of black and brown people through disproportionate conviction rates.

Critical legislation that would allow the cannabis industry to access financial services has passed the Democratic-controlled House of Representatives for yet a sixth time—but will likely be killed once again by the Senate, where the Democratic majority is razor-thin.

Nearly 20 states have now approved initiatives or legislation to legalize cannabis, and demands are growing to wipe out past convictions for personal possession. Authorities in some of these states have started to respond—but things are not moving fast enough for advocates of a socially just model of legalization.

It's been a week since Senate Majority leader Chuck Schumer of New York, joined by Sen. Cory Booker (D-NJ) and Sen. Ron Wyden (D-OR), unveiled much-anticipated draft legislation to legalize cannabis at the federal level, calling it a "long overdue" move "to right the wrongs of the failed war on drugs." The proposed Cannabis Administration & Opportunity Act would remove the plant from the Controlled Substances Act, and allow states to craft their own cannabis policies as they do with alcohol. It would also create a federal regulatory framework and impose an excise tax for cannabis products. It includes measures that would expunge prior convictions and allow those serving time for applicable crimes to petition for resentencing.