A group of GOP state attorneys general is pushing back against President Donald Trump’s move to reclassify cannabis, arguing that marijuana should remain among the most tightly controlled substances due to health and safety concerns.
In a recently released joint statement, AGs from Iowa, Indiana, Idaho, Louisiana, Kansas, Nebraska, Wyoming, and Oklahoma said they have long rejected calls to loosen federal restrictions on marijuana and believe recent scientific findings reinforce their position.
They also pointed to what they described as real-world consequences of wider marijuana access, citing damage they say the drug has caused in their states. Among their concerns is what they described as a sharp rise in impaired driving cases, which they said are difficult for law enforcement to detect and prosecute.
The group noted that its members had shared their objections with the White House and expressed appreciation for what they described as the administration’s willingness to listen. Still, they said they are troubled by the executive order directing the U.S. Attorney General to move forward with the rulemaking process to place cannabis in Schedule III.
They added that they plan to closely review the order and consider next steps, emphasizing their intent to protect public health and ensure community safety.
In a separate announcement, South Dakota AG Marty Jackley said he and other attorneys general participated in a conference call with White House officials to discuss the executive order following the president’s signing event. Jackley said he appreciated what he described as ongoing communication between the administration and state law enforcement leaders.
Jackley also stressed that reclassifying marijuana would not amount to nationwide legalization. He noted that federal law would still prohibit marijuana from being prescribed by doctors unless it receives approval from the Food and Drug Administration. In South Dakota, he said, recreational use would remain illegal, and medical use would continue to be allowed only under strict conditions, including a valid prescription, a medical card, and purchases from licensed facilities.
The attorneys general’s criticism comes after GOP legislators in the House and Senate sent letters to Trump urging him to abandon plans to reclassify marijuana. Trump publicly brushed aside those objections, arguing that most Americans favor the policy shift and that cannabis has helped people dealing with serious medical conditions. He also referenced friends of his own who, he said, had benefited from its use.
While the proposed change would not make marijuana legal at the federal level, it would have significant practical effects. It would allow state-licensed marijuana businesses to claim standard federal tax deductions under Section 280E of the Internal Revenue Code. The change would also ease restrictions on scientific research, making it simpler for researchers to study marijuana compared with drugs that remain in Schedule I.
The opposition from sections of the GOP notwithstanding, the long-awaited change to the classification of marijuana at the federal level could improve the conditions under which marijuana companies operate at state level, and that would in turn open up new opportunities for companies similar to Innovative Industrial Properties Inc. (NYSE: IIPR) to be created to serve within the marijuana ecosystem.
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