Tag: marijuana decriminalization

President Trump Signs Executive Order Reclassifying Marijuana

President Trump on Thursday signed an executive order reclassifying marijuana from a Schedule I to a Schedule III drug.

“Marijuana can be legitimate in terms of medical applications when carefully administered,” President Trump said in the Oval Office.

“Prescription pain killers have legitimate uses, but also can do damage,” Trump said. “I promised to be the president of common sense. That’s exactly what I am doing.”

President Trump emphasized that he is not legalizing marijuana for recreational use.

“I want to emphasize that the order I am about to sign is not the legalization or does it legalize marijuana in any way, shape, or form — and in no way sanctions its use as a recreational drug – it has nothing to do with that,” Trump said.

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Congressional Committee Moves To Block Marijuana Rescheduling

A GOP-controlled House committee has unveiled a new spending bill that contains provisions to block the Justice Department from rescheduling marijuana. The legislation would also maintain a separate longstanding rider protecting state medical cannabis programs from federal interference—though with new language authorizing enhanced penalties for sales near schools and parks.

On Monday, the House Appropriations Committee released the text of the spending measure covering Commerce, Justice, Science, and Related Agencies (CJS). For the second time now, the base legislation contains language hostile to marijuana rescheduling efforts that remain ongoing.

Specifically, the bill would block the Justice Department from using its funds to reschedule or deschedule marijuana. Under the Biden administration, DOJ recommended moving cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA), but that process has been delayed for months amid challenges from witnesses in the administrative hearings.

Here’s the text of the provision: 

“SEC. 607. None of the funds appropriated or other wise made available by this Act may be used to reschedule marijuana (as such term is defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) or to remove marijuana from the schedules established under section 202 of the Controlled Substances Act (21 U.S.C. 812).”

The language cleared committee as part of the last CJR spending bill, but it was not ultimately enacted into law. The new measure is scheduled for subcommittee action on Tuesday.

GOP senators have separately tried to block the administration from rescheduling cannabis as part of a standalone bill filed in 2023, but that proposal did not receive a hearing or vote.

Meanwhile, the Drug Enforcement Administration (DEA) recently notified an agency judge that the marijuana rescheduling process remains stalled under the Trump administration.

It’s been over six months since DEA Administrative Law Judge (ALJ) John Mulrooney temporarily paused hearings on a proposal to move cannabis to Schedule III. And in a joint report to the judge submitted earlier this month, DEA attorneys and rescheduling proponents said they’re still at an impasse.

To the relief of advocates, the latest CJS bill does continue to preserve a longstanding rider to prevent DOJ from using its funds to interfere in the implementation of state medical marijuana programs that has been part of federal law since 2014.

However, it stipulates that the Justice Department can still enforce a section of U.S. code that calls for increased penalties for distributing cannabis within 1,000 feet of an elementary school, vocational school, college, playground or public housing unit. That language was first included in the last version of the appropriations legislation.

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GONE TO POT: Thailand Reverses Cannabis Decriminalization, Imposes Need for Doctor’s Prescription for Purchase

Thailand was the first country in Asia to decriminalize cannabis, but the experiment appears to have gone awry, as the Thai government this last week moved to backtrack the policies, and impose new rules designed to rein in the weed ‘scene’.

As of last Thursday (26), customers now need a doctor’s prescription to buy pot — limiting consumption of the plant to medical purposes only.

CNN reported:

“Thailand’s public health minister told CNN on Wednesday he hopes to eventually recriminalize cannabis as a narcotic, in what would be a major reversal from Thailand’s liberal approach since declassification, which saw a boom of dispensaries and weed cafes opening across the country, particularly in tourist areas.

‘This must be clearly understood: cannabis is permitted for medical use only’, Public Health Minister Somsak Thepsutin told CNN.”

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250,000 Texans Voted to Decriminalize Marijuana, So Why Are Politicians Trying To Override Them?

As the executive director of Ground Game Texas, I lead a team organizing working-class Texans to pass movement-driven local policies at the ballot box. In a state where our elected officials are openly hostile to justice, and voter suppression is rampant, we take the fight directly to the people. And the people are showing up.

Through our local campaigns, we’ve gathered hundreds of thousands of petition signatures and earned a quarter of a million votes to decriminalize marijuana across Texas—from Austin to Killeen, Lockhart to Dallas. In a state with low voter turnout, marijuana decriminalization has earned a supermajority of the vote in every city, and over-performed compared to the rest of the ballot. But instead of respecting the will of the voters, politicians in this state are doing everything they can to overturn these democratically elected policies.

We are fighting locally, fighting statewide, and fighting crony courts. Last year in Lockhart, the city attorney tried to split our single policy into 13 separate ballot items to bury it in bureaucracy. We stopped them. A state appeals court just upheld a lawsuit designed to stop our cities from implementing our marijuana decriminalization. And at the legislature, five separate bills were introduced this session to gut local control and block citizens from changing the law through ballot initiatives.

This is about more than plants with healing properties. It’s about power. It’s about democracy. And it’s all connected.

The war on drugs isn’t a failed policy—it’s a successful tool of oppression. A tool used to criminalize poverty. A tool used to lock Black and Brown Texans into cycles of incarceration. A tool used to destabilize families, punish veterans and disabled people and make survival a crime.

And when we rise up to change those laws, the people in power rewrite the rules to keep control. That’s not new. It’s a familiar playbook.

From Jim Crow poll taxes to modern-day gerrymandering and felony disenfranchisement, this country has always created new systems to block the people most impacted by oppression from changing it. What’s happening in Texas right now is just the latest chapter.

Let’s be clear: The issue isn’t that Texans don’t care. The issue is that the system was designed to keep most Texans out.

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Texas House Committee Approves Senate-Passed Bill To Ban Cities From Decriminalizing Marijuana

A Texas House committee has approved a Senate-passed bill that would prohibit cities from putting any citizen initiative on local ballots that would decriminalize marijuana or other controlled substances—as several localities have already done despite lawsuits from the state attorney general.

About a week after clearing the full Senate, members of the House State Affairs Committee advanced the legislation from Sen. Charles Perry (R) in a 9-6 vote on Wednesday. That same panel recently held a hearing on a House companion version that has not moved, indicating that lawmakers have opted to use the Senate bill as the vehicle to enact the ban on local cannabis reform.

Under the proposal, state law would be amended to say that local entities “may not place an item on a ballot, including a municipal charter or charter amendment, that would provide that the local entity will not fully enforce” state drug laws.

The latest version of the legislation, as previously amended in the Senate Criminal Justice Committee, would also specifically bar localities from putting initiatives on the ballot that would contravene the state’s consumable hemp laws.

It would also require the attorney general to create a form for people to report violations of the law. And it’d expedite legal proceedings to challenge any city, mandating that an appellate court “render its final order or judgment with the least possible delay,” a legislative analysis says.

Cities found to be in violation of the law by placing a decriminalization initiative—or any measure that conflicts with state or federal drug laws—would be subject to a $25,000 civil fine for a first offense and a $50,000 fine for any subsequent offense.

“In the last few years several local governments have adopted policies and ordinances that are designed to decriminalize controlled substances or instruct law enforcement or prosecutors not to enforce our state drug laws,” Perry said in a statement of intent.

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Texas Lawmakers Take Up Another Bill To Block Voters From Locally Decriminalizing Marijuana

A Texas House committee took up a bill on Friday that would prohibit cities from putting citizen initiatives on local ballots to decriminalize marijuana or other controlled substances.

Just two days after a Senate version of the measure cleared that full chamber, the House State Affairs Committee held a hearing on the companion version from Rep. Jeff Leach (R), with proposed amendments to align both bills.

In the last few years, members, several local governments across the state of Texas have adopted policies and ordinances that are designed to decriminalize controlled substances or instruct law enforcement or prosecutors not to enforce our state’s drug laws,” Leach said, noting that Texas Attorney General Ken Paxton (R) has filed lawsuits against multiple municipalities where the local reform was enacted.

“Although these lawsuits are still pending, there’s a growing trend across our state for local governments to adopt these policies, and this bill is intended to address that,” he said.

Under the proposal as introduced, state law would be amended to say that local entities “may not hold an election for voter approval of a proposed charter or an amendment to a charter that violates” state drug laws.

They also could not “adopt, publish, enforce, repeal, maintain, or amend an ordinance, order, policy, rule, or regulation” that contravenes state statute on controlled substances.

Leach described amendments included in a substitute version of the bill that seem intended to match what the Senate passed on Wednesday.

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Texas Senate Passes Bill To Ban Cities From Putting Marijuana Decriminalization Initiatives On Local Ballots

The Texas Senate has approved a bill that would prohibit cities from putting any citizen initiative on local ballots that would decriminalize marijuana or other controlled substances—as several localities have already done despite lawsuits from the state attorney general.

The legislation from Sen. Charles Perry (R) is responsive to those local reforms, and it passed the chamber on Wednesday in a 23-8 vote. It now heads to the House of Representatives.

Under the proposal, state law would be amended to say that local entities “may not place an item on a ballot, including a municipal charter or charter amendment, that would provide that the local entity will not fully enforce” state drug laws.

The latest version of the legislation as amended in the Senate Criminal Justice Committee would also specifically bar localities from putting initiatives on the ballot that would contravene the state’s consumable hemp laws.

It would also require the attorney general to create a form for people to report violations of the law. And it’d expedite legal proceedings to challenge any city, mandating that an appellate court “render its final order or judgment with the least possible delay,” a legislative analysis says.

Cities found to be in violation of the law by placing a decriminalization initiative—or any measure that conflicts with state or federal drug laws—would be subject to a $25,000 civil fine for a first offense and a $50,000 fine for any subsequent offense.

“In the last few years several local governments have adopted policies and ordinances that are designed to decriminalize controlled substances or instruct law enforcement or prosecutors not to enforce our state drug laws,” Perry said in a statement of intent.

“In 2024, the attorney general launched lawsuits against multiple cities for adopting non-prosecution policies that violate Texas laws concerning marijuana possession and distribution,” he said. “Although these lawsuits are still pending, this is a growing trend across our state.”

It’s not clear why, if the attorney general’s lawsuits assert that local decriminalization laws are already prohibited under statute, the proposed amendments to the code are necessary. But the legislation does appear to escalate enforcement and penalties.

A House companion version of the bill, sponsored by Rep. Jeff Leach (R), is scheduled for a hearing in the State Affairs Committee on Friday.

The Senate vote comes about a week after a Texas appellate court sided with the state in its lawsuit challenging the city of San Marcus over the implementation of a local marijuana decriminalization law approved by voters.

That marked a setback for activists who’ve led the charge to enact local marijuana policy changes through the ballot, many of which have been contested by Texas Attorney General Ken Paxton (R).

Meanwhile, despite the ongoing litigation and Senate bill’s advancement, Texas activists have their targets set on yet another city, Kyle, where they hope put an initiative before voters to enact local marijuana reform at the ballot this coming November.

Despite the state’s resistance and the latest development in San Marcos, advocates have seen several courts rule in their favor amid the legal challenges.

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Top GOP Senator In Indiana Says It’d Be A ‘Smart Move’ To Decriminalize Marijuana

Indiana’s top Senate leader says that decriminalizing small amounts of marijuana would be a “smart move” in his view, though he remains “unconvinced” that broader legalization of cannabis is in the state’s best interest.

In a wide-ranging interview published by The Indiana Lawyer this week, Senate Pro Tempore Rodric Bray (R) said he knows marijuana reform is “becoming more and more popular, of course, across the state of Indiana, and also in this building.”

“We can’t exist in a vacuum,” acknowledged the lawmaker, who has historically opposed both medical and adult-use legalization. “More than 30 states have legalized marijuana in some capacity, including those states around us.”

While Bray said he was speaking personally—”just Rod Bray talk, and not our caucus”—he described marijuana decriminalization as a better path forward, taking a more moderate approach to reform.

“I think that it would be a smart move, based on where we are in that space right now, that we decriminalize small amounts of marijuana. I don’t think that needs to be criminal at this point,” he said. “Maybe it’s an infraction or something like that, because people are obviously buying it legally in other parts of the country [and] can’t possess it when you come back here. But should that be a jailable offense at this point? Maybe not.”

Decriminalization is “something I would consider,” he added. “But we have to do that as a body.”

Lawmakers in Illinois have been eyeing various cannabis reforms recently, including both medical and adult-use cannabis legalization. In January, Gov. Mike Braun (R) said he’s “amenable” to legalizing medical marijuana but noted that he wasn’t sure whether Republican lawmakers would even take up the matter.

“When it comes to medical marijuana, I’m clear on record that I’m going to be amenable to hearing a case for it,” Braun said at the time.

Other lawmakers have been studying nearby Michigan and Illinois as guides for how to eventually legalize marijuana more broadly.

Bray, for his part, said at a December event that he doesn’t support any form of marijuana legalization.

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North Dakota Senate Committee Rejects Bill To Expand Marijuana Decriminalization That Had Already Passed House

A North Dakota Senate committee has defeated a House-passed bill that sought to reduce the state penalty for low-level marijuana possession to a $150 civil fine.

The Senate Judiciary Committee on Monday voted 5–2 to reject the bill, HB 1596, from Rep. Liz Conmy (D). While the proposal had support from county prosecutors and defense attorneys in the state, police and sheriffs departments were broadly opposed.

“The voters have spoken on this issue,” Stephanie Ingebretsen, who testified on behalf of the Chiefs of Police Association of North Dakota. “They’re not interested in legalization and would like it to stay a criminal offense.”

While North Dakota in 2019 enacted what advocacy groups refer to as a marijuana decriminalization law that removed the risk of jail time for possessing under a half-ounce of cannabis, possession nevertheless remains a criminal infraction and carries a fine of up to $1,000.

While voters have not weighed in on decriminalization itself, last year they rejected an adult-use legalization ballot initiative that would have created a commercial cannabis market. Voters also rejected an earlier legalization proposal at the ballot box in 2022.

The newly rejected bill, HB 1596, would have made simple possession of up to half an ounce of marijuana a civil citation. That change would remove the need for courtroom appearances, which proponents said would help decongest the state’s clogged court system and free up prosecutorial resources for more pressing concerns.

“To give you an idea of the magnitude of time, energy and resources extended,” sponsor Conmy told colleagues, “between January 1, 2021 and December 31, 2024—four years in North Dakota—there were 8,676 marijuana charges, 7,365 cases opened, 17,000 hearings, 2,357 cases with a public defender appointed. And all of these cases were handled by our state’s attorneys.”

More than 90 percent of cases involved possession of less than half an ounce of marijuana, she said.

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Trump White House Says Marijuana Decriminalization ‘Opened The Door To Disorder’ In Washington, D.C.

President Donald Trump’s White House says the move to decriminalize marijuana in Washington, D.C. is an example of a “failed” policy that “opened the door to disorder.”

In a fact sheet about an executive order that Trump signed on Friday—which is broadly aimed at beautifying the District and making it more safe—the White House listed several local policies in the nation’s capital that it takes issue with, including cannabis reform. That’s despite the president’s previously stated support for a states’ rights approach to marijuana laws.

“D.C.’s failed policies opened the door to disorder—and criminals noticed,” it says, citing “marijuana decriminalization,” as well as the District’s decision to end pre-trial detentions and enforcement practices around rioters, as examples of such policies.

The executive order itself doesn’t mention marijuana specifically. But it says the directive will involve “deploying a more robust Federal law enforcement presence and coordinating with local law enforcement to facilitate the deployment of a more robust local law enforcement presence as appropriate in areas in or about” D.C., and that includes addressing “drug possession, sale, and use.”

With respect to the fact sheet circulated by the White House, cannabis possession and personal cultivation is legalized in D.C. under a voter-approved ballot initiative, though commercial sales of non-medical marijuana remain illegal (a policy referred to by some as “decriminalization”).

Because of a long-standing congressional rider that’s been annually renewed since that vote, the District hasn’t been able to use local funds to implement a system of regulated recreational cannabis sales, so officials have taken steps to expand the city’s existing medical marijuana program as a workaround.

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