White House officials reported that President Donald Trump plans to ease the restrictions on marijuana through an executive order signed on Dec. 18.
The Drug Enforcement Agency (DEA) classifies marijuana as Schedule 1 drug that states marijuana has a high potential for abuse and no accepted medical use. The move would loosen federal restrictions, but it will not mean full legalization. The change would reclassify marijuana as a Schedule III drug as a less addictive drug.
According to law, an executive order cannot directly and unilaterally change a drug’s classification under federal law. Instead, it can direct the appropriate federal agencies, specifically the Attorney General, the Department of Health and Human Services (HHS), and the DEA), to take the necessary steps to pursue the reclassification through the formal rulemaking process required by the Controlled Substances Act (CSA).
The actual legal change only occurs after the relevant agencies complete their formal administrative procedures which are governed by the Administrative Procedure Act (APA), which includes opportunities for public comment.