A renewed effort by two Republican senators to block the Trump administration from rescheduling cannabis resurfaced briefly in Washington this month, even as Congress ultimately advanced a funding package without the proposed restriction.
Sens. Ted Budd of North Carolina and James Lankford of Oklahoma filed an amendment on Jan. 13 seeking to strip the executive branch of its authority to reclassify marijuana under the Controlled Substances Act (CSA). The proposal was offered as an amendment to House Resolution 6938, a three-bill appropriations package covering fiscal year 2026 funding for Commerce, Justice, Science (CJS) agencies, as well as Energy and Water Development and Interior and Environment programs.
The amendment would have prohibited the Department of Justice from using appropriated funds to move marijuana out of Schedule I of the CSA, where it has remained for more than 50 years alongside substances such as heroin and LSD. The language mirrored provisions that congressional appropriators removed earlier this month from a negotiated CJS bill, signaling a bipartisan decision to abandon legislative efforts to block rescheduling.
That decision appeared to clear the path for President Donald Trump’s Dec. 18 executive order directing Attorney General Pamela Bondi to expedite the process of reclassifying cannabis to Schedule III. Under the CSA, the attorney general has long held the authority to schedule, reschedule or remove substances, in consultation with federal health agencies.
Despite Budd and Lankford’s attempt to revive the restriction, the House passed the three-bill funding package on Jan. 8 by a vote of 397–28 without the rescheduling language. The Senate followed suit on Jan. 15, voting 82–15 to approve the measure without amendments and sending it to the president’s desk.
House Appropriations Committee Chairman Tom Cole, R-Okla., said the legislation reflected bipartisan, bicameral consensus and emphasized priorities including public safety, energy development and environmental stewardship.
Opposition to the administration’s rescheduling effort has largely come from a minority of congressional Republicans. Last month, 42% of GOP senators and 12% of GOP House members signed letters urging Trump to reconsider the move, citing public health and safety concerns. No Democrats joined the effort.
Budd, who led the Senate letter, argued that rescheduling marijuana would benefit cannabis companies while posing risks to youth and public safety. Neither Budd nor Lankford responded to requests for comment.
While the amendment effort failed, it underscored continued resistance within Congress as the administration moves forward with its cannabis rescheduling plan.
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