A new report from the Congressional Research Service is offering an updated look at the ongoing conflict between federal marijuana prohibition and the growing number of state laws permitting cannabis use—while also signaling increased uncertainty around a long-anticipated federal policy shift.
In its latest “In Focus” analysis, CRS notes that it has become “increasingly common” for states to legalize marijuana for medical or recreational use despite its continued classification as a Schedule I substance under the Controlled Substances Act. However, the updated report removes earlier language that suggested it was “likely” the federal government would soon move cannabis to Schedule III.
That change reflects a more cautious outlook on the stalled rescheduling process. Federal health agencies under Joe Biden previously recommended reclassifying marijuana, and Donald Trump later issued an executive order directing Attorney General Pam Bondi to complete the review. Still, CRS now says the Department of Justice “may” proceed with rescheduling—without predicting whether or when that will happen.
Even if cannabis is moved to Schedule III, the report emphasizes that such a change alone would not resolve the legal disconnect between federal law and state-legal marijuana programs. Specifically, CRS clarified that rescheduling “would not bring the state-legal medical marijuana industry into compliance” with federal law absent broader legislative reforms.
The report also highlights evolving congressional options, ranging from maintaining the status quo to fully descheduling marijuana. Lawmakers could also pursue incremental reforms, such as limiting federal enforcement or addressing banking access for cannabis businesses. However, CRS added new language cautioning that sweeping changes could raise questions about U.S. obligations under international drug control treaties.
Beyond scheduling, the update includes revised data showing that underage marijuana use has declined to 6 percent in recent years—down from 7.9 percent in 2011, before the first adult-use legalization laws took effect. It also outlines upcoming changes to hemp regulations stemming from the Agriculture Improvement Act of 2018, noting that a shift to “total THC” testing standards later this year could significantly impact the cannabinoid market.
Additionally, CRS cited the passage of the HALT Fentanyl Act, which includes provisions aimed at streamlining research on Schedule I substances, including marijuana.
Despite the evolving landscape, CRS underscored that federal law still classifies marijuana as illegal and that enforcement efforts remain focused largely on illicit trafficking networks. At the same time, the report concludes that no state has reversed its legalization policies, suggesting the divide between state and federal cannabis laws is likely to persist for the foreseeable future.
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