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Trump signs executive order easing federal restrictions on marijuana, but it’s still illegal

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A cannabis pre-roll will take place at a legalization anniversary celebration in Cranston, Rhode Island on December 1, 2023. (Photo by Christopher Shea/Rhode Island Current)

President Donald Trump signed an executive order Thursday easing federal restrictions on marijuana, which Trump said reflects the drug’s potential medical benefits while discouraging recreational utilize.

The command Moves cannabis from Schedule I to Schedule III on the Federal Drug Administration’s list of controlled substances. Schedule I, the most restrictive category under federal law, indicates a high likelihood of abuse and no recognized medical value.

Trump said the move reflects that cannabis can have medicinal value, although abuse is still possible.

The order “does not legalize marijuana in any way, shape or form and in no way sanctions its use as a recreational drug,” Trump said. “Just as prescription painkillers have legitimate uses but can also cause irreversible harm… it is never safe to use powerful controlled substances recreationally.”

Still, the order marks an crucial step in the decades-long liberalization of cannabis policy.

Since 2012, when voters in Washington and Colorado legalized personal marijuana utilize, 22 other states have legalized at least some form of recreational utilize. Only 10 states still restrict both medical and recreational utilize.

In a statement, Colorado Gov. Jared Polis, a Democrat, praised Trump and called for further reforms to bring federal law in line with states where the drug is legal.

“I thank the President and am pleased that they are finally taking this step to begin the rescheduling process,” Polis wrote. “Colorado’s cannabis industry is the gold standard in ensuring products are safe and regulated. It’s great to see the federal government finally following suit, but it’s frustrating that it’s taken so long, and there’s much more work to be done to fully reschedule the dates.”

President Joe Biden started the process for rescheduling the drug last year.

Medical aspect

A group of government officials and doctors accompanied Trump in the Oval Office during the signing. Some talked about marijuana’s potential medical benefits, including as an alternative to highly addictive opioid painkillers.

“The facts compel the federal government to recognize that marijuana can be legitimate for medical uses if administered carefully,” Trump said.

Researching marijuana’s potential benefits is nearly impossible because of strict restrictions on Schedule I substances, advocates argued.

Removing cannabis from Schedule I would lend a hand ease those restrictions, Trump said.

“This reclassification order will make it much easier to conduct medical research related to marijuana and allow us to study benefits, potential dangers and future treatments,” he said. “It will have a hugely positive impact.”

The divide between federal law and the legal landscape in many states has created challenges not only for researchers, but also for industry, users, and law enforcement.

For example, the unusual position of state-chartered companies in a state-prohibited industry means they cannot take advantage of certain tax provisions, access some banking instruments, or transport their products across state lines.

In a lengthy statement, Paul Armentano, deputy director of the leading marijuana legalization group National Organization for the Reform of Marijuana Laws, praised the move, saying it “validates the experiences” of patients who have used marijuana to treat chronic pain and other conditions.

“This policy certainly marks a long overdue change in direction,” Armentano said. “While such a move may provide some benefits for patients and veterans in particular, it still falls far short of the changes needed to bring federal marijuana policy into the 21st century. In particular, the replan fails to bring federal marijuana policy into line with most states’ cannabis laws.”

The reclassification could provide tax relief for many marijuana businesses, he added.

GOP senators opposed the move

Many Republicans in Congress continue to oppose marijuana legalization.

In a letter from WednesdayTwenty-four Senate Republicans urged Trump not to reclassify marijuana, saying the likelihood of abuse is high and it has no medical value.

Allowing marijuana companies to take advantage of federal tax breaks would provide them with up to $2.3 billion in tax breaks, allowing them to boost their marketing efforts and expand into more states, the lawmakers wrote. The benefits of economic growth would be outweighed by the costs of accidents, “not to mention the moral costs of marijuana advertising that could reach children,” they wrote.

“Given the documented dangers of marijuana, encouraging the growth of the marijuana industry is antithetical to growing our economy and promoting healthy lifestyles for Americans,” the Republican senators wrote. “We urge you to continue your strong leadership in our country and our economy and move away from marijuana debt restructuring.”

Ted Budd of North Carolina led the letter, which was also signed by John Barrasso and Cynthia Lummis of Wyoming, Tom Cotton of Arkansas, Shelley Moore Capito of West Virginia, James Lankford of Oklahoma, Roger Marshall of Kansas, Pete Ricketts of Nebraska, Tommy Tuberville of Alabama, John Cornyn of Texas, Marsha Blackburn and Bill Hagerty of Tennessee, Jim Banks of Indiana, Ron Johnson of Wisconsin, Mike Crapo and Jim Risch of Idaho, Rick Scott of Florida, Kevin Cramer of North Dakota, Cindy Hyde-Smith of Mississippi, Lindsey Graham of South Carolina, Dave McCormick of Pennsylvania and Mitch McConnell of Kentucky.

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