Trump Administration Reschedules Cannabis to Schedule III but Advocates Demand Clemency

In a landmark decision on April 23, 2026, the Trump administration reclassified medical marijuana from Schedule I to Schedule III of the Controlled Substances Act, marking the most significant federal cannabis policy shift in decades. While many industry stakeholders celebrated the move as historic, advocates and criminal justice organizations quickly highlighted its limitations. The rescheduling does not decriminalize cannabis, expunge records, or release those currently incarcerated for cannabis-related offenses—leaving tens of thousands still behind bars for activities now legal in much of the United States

Organizations such as the Last Prisoner Project immediately called on President Trump to go further by pairing rescheduling with broad clemency. "While President Trump’s decision to reschedule state legal cannabis is a historic step forward, it does nothing for the tens of thousands of Americans still locked behind bars for actions that are now legal in most of the country," the organization stated. They urged Trump to cement his legacy by correcting outdated policies through clemency, framing the request as a chance for historic leadership rather than a critique

Despite the progress represented by Schedule III reclassification, the order explicitly leaves current federal prohibition and criminal penalties intact. According to NORML’s Deputy Director, the move is a step forward but remains insufficient: "While today’s move is a historic step forward, it still falls well short of the comprehensive changes necessary to bring federal marijuana policy into the 21st century." NORML and other advocacy groups argue that only full descheduling—complete removal from the Controlled Substances Act—will resolve the ongoing conflict between state and federal law and grant states true autonomy over cannabis regulation

The Drug Policy Alliance and other reform organizations have also emphasized the ongoing harms caused by partial rescheduling. They point out that federal marijuana enforcement costs the government an estimated $3 billion annually, while states with legal cannabis have generated nearly $25 billion in tax revenue since 2014. Amber Senter, Executive Director of Supernova Women, stressed that Schedule III status would not end the criminalization and stigma that have disproportionately impacted Black and Brown communities, stating, "Only descheduling will allow states to regulate cannabis without federal interference, open banking and capital opportunities for small businesses, and begin to repair the harm caused by the war on drugs."

Industry experts have raised concerns that rescheduling could inadvertently accelerate market consolidation without enforceable anti-monopoly protections. Damian Fagon of the Parabola Center for Law and Policy warned that expanded financial access might benefit large operators at the expense of small businesses and community-owned enterprises. Meanwhile, Betty Aldworth of MAPS and the Marijuana Policy Project noted that the new status does not address issues like housing, employment discrimination, or patient access to cannabis through insurance, arguing, "What we are seeing now is a familiar pattern: momentum framed as reform, without the structural change required to make that reform meaningful in people’s lives."

From the OG Lab newsroom perspective, this rescheduling reflects a pivotal—yet incomplete—shift in U.S. cannabis policy. While Schedule III status brings tax and research benefits to the industry, it leaves fundamental justice and equity issues unresolved. The debate over clemency, expungement, and full descheduling is likely to intensify as advocates push for reforms that deliver meaningful change for those most harmed by prohibition. The industry and its stakeholders will be watching closely to see whether the administration follows this policy move with substantive justice measures