The Executive Order Rescheduling Cannabis Will Have Little Effect on Criminal Law

In December 2025, President Trump signed an executive order instructing federal lawmakers to reschedule cannabis, changing it from a Schedule I controlled substance to a Schedule III controlled substance. Discussions about rescheduling cannabis are nothing new; they are at least as old as statewide medical marijuana programs. Every year during the previous presidential administration, potheads and policy wonks alike would wonder aloud whether this year would be the one where President Biden signed an executive order on April 20, authorizing the rescheduling of cannabis. An executive order is little more than a proclamation; the new executive order cannot, by itself, amend the Controlled Substances Act. Many executive orders result in court decisions to the effect that the executive order is unenforceable. The recent executive order is only the latest in a long series of steps to reform federal cannabis laws. Its effects will be noticeable in the fields of medical research and the legal cannabis industry, but for the average stoner, the legal environment in Florida, or wherever the stoner’s home state may be, remains unchanged. Anything that could get you criminal charges for cannabis this time last year can still get you criminal charges now. If you are facing criminal charges for cannabis offenses, contact a Florida drug offenses attorney.

A Nothing Sandwich, and Floridians Still Have the Munchies

Cannabis is a classic example of how state laws affect your daily life more than federal laws do. Florida law enables the legal sale of an array of medical cannabis products, and you can buy them legally if you have a medical cannabis card. In certain parts of Florida, you can even smoke a joint or carry one in your pocket without fear of criminal penalties. The new executive order will not change this, but from a legal perspective, rescheduling cannabis from Schedule I to Schedule III is a big deal.

Schedule I controlled substances are entirely illegal and have a high potential for abuse. All the other controlled substances, including the ones on Schedule III, have some legally authorized medical uses, despite their abuse risk. In other words, Schedule III drugs are part of the pharmaceutical industry, and adding cannabis to this group will enable federal lawmakers to treat it as such. Researchers will be able to conduct clinical trials with cannabis like they do with other Schedule III drugs, such as ketamine. Therefore, they can publish the results of their studies on the most effective ways to use cannabis as a medical treatment, enabling the medical cannabis industry to be more effective and beneficial. The manufacturers and dispensaries of legal cannabis will also be eligible for the tax incentives that the rest of the pharmaceutical industry enjoys.

Contact FL Drug Defense Group About Drug Cases

A Central Florida criminal defense lawyer can help you if you are facing drug charges for cannabis-related activities that remain illegal despite all the legal reforms that have taken place in recent years.  Contact FL Drug Defense Group in Orlando, Florida to discuss your case.

Source:

thehill.com/homenews/administration/5655160-marijuana-rescheduling-trump-executive-order/