The future of federal cannabis policy is once again in uncertainty as the Trump administration sends mixed signals on marijuana reform. On one hand, Trump has voiced support for medical marijuana and hinted that he may consider reclassifying it.
On the other hand, the Department of Justice (DOJ) is actively working to defend cannabis prohibition in court while also trying to restrict gun rights for cannabis users.
Since Congress has repeatedly failed to move forward on marijuana reform, advocates are now turning their hopes toward the courts and the executive.
The Supreme Court is expected to hear two cases that could reshape marijuana law. The first, USA v. Hemani, involves a Texas man challenging the government’s ban on marijuana users owning firearms. The second, Canna Provisions v. Bondi, questions a 2005 ruling that upheld federal cannabis prohibition and could open a path for reform without waiting on Congress.
This comes as Trump recently signaled interest in reclassifying cannabis as a less harmful substance. However, predicting his approach is difficult given his conflicting decisions, including appointing an anti-marijuana DEA chief and embracing a strict law-and-order stance.
Despite backing medical marijuana on the campaign trail and voting in Florida, Trump has since given the issue little attention, leaving speculation to fill the gaps.
The ruling on the Hemani case could force the administration to state its position more clearly. However, legal scholars note that rescheduling cannabis may not resolve most concerns. If cannabis moves to Schedule III, it would still require FDA approval and a prescription, meaning recreational users would remain in violation of federal law and could still lose gun rights.
Meanwhile, the second case is moving toward the Supreme Court. Multistate cannabis company Verano Holdings, along with other businesses, filed a lawsuit claiming that cannabis’ federal prohibition is unconstitutional.
Their case was rejected by a federal appeals court earlier this year, but their legal team, led by high-profile attorney David Boies, is preparing to petition the Supreme Court. Their goal is to get the court to reconsider the CSA for the first time since 2005.
Observers caution that litigation should not be read as a clear policy direction. They say that DOJ lawyers are obligated to defend existing laws even as federal agencies weigh new policies, such as rescheduling.
The outcome of these cases could force the government to address the distinction between recreational and medical cannabis. Trump himself has suggested that medical use deserves more consideration, while recreational use raises broader concerns.
Marijuana firms across the board, including companies like Curaleaf Holdings Inc. (CSE: CURA) (OTCQX: CURLF), will be following these issues before the Supreme Court to see how the outcomes could impact the trajectory of the industry in the U.S.
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