Amendment filed to block DOJ from reclassifying marijuana to Schedule III
Senators Ted Budd (R‑NC) and James Lankford (R‑OK) filed an amendment to a three‑bill appropriations minibus that woudl bar the Department of Justice from using those funds to move marijuana from Schedule I to Schedule III under the controlled Substances Act. The amendment’s language would prohibit any funds in the bill from being used to transfer marijuana to another schedule. The move pushes back on President Trump’s December executive order directing Attorney General Pam bondi to pursue rescheduling,a change proponents say would lower taxes for cannabis businesses,reduce penalties,and expand research. Budd and Lankford cite concerns about youth use and health risks, and drug‑safety group Smart Approaches to Marijuana praised the amendment as a way to block industry gains from rescheduling. A similar House amendment had been proposed but was removed before the final bill.
Lankford and Budd file amendment to block DOJ from reclassifying marijuana to Schedule III
Sens. Ted Budd (R-NC) and James Lankford (R-OK) are pushing back against the Trump administration’s move to reclassify marijuana from a Schedule I to a Schedule III drug.
The two Senators submitted an amendment to the three-bill appropriations minibus passed by the House on Jan. 8. Their amendment would block the Trump administration from using the bill’s appropriations to reschedule marijuana.
“None of the funds made available by this division may be used to transfer marijuana, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802), from schedule I of section 202(c) of that Act (21 U.S.C. 812(c)) to another schedule of that section,” the amendment reads.
President Donald Trump signed an executive order in December to reschedule cannabis, a move that grouped the drug with substances such as anabolic steroids and ketamine rather than heroin and LSD. Trump tasked Attorney General Pam Bondi with taking “all necessary steps to complete the rulemaking process related to rescheduling marijuana to Schedule III” in “the most expeditious manner.”
The rescheduling move is expected to bring tax benefits for cannabis companies, reduce criminal penalties, and expand academic research on marijuana.
“Senator Lankford is focused on Oklahoma families and kids. He’s concerned that youth use has increased since medical marijuana was legalized in Oklahoma, and that reclassification sends the wrong message before the health impacts are fully understood,” a spokesperson for Lankford said in a statement to the Washington Examiner.
Following Trump’s executive order, Budd issued a statement condemning the move.
“Rescheduling marijuana to a Schedule III substance and putting more money in the pockets of marijuana companies is a shortsighted policy decision that will have detrimental effects on the health and safety of Americans, especially our nation’s youth. The negative health impacts of marijuana are numerous and well-documented—increased risk of heart attack, stroke, psychotic disorders, addiction, and hospitalization,” Budd said in a December statement.
Budd’s amendment would apply to the appropriations bill on Commerce, Justice, and Science; Energy and Water; and Interior and Environment. A similar amendment that would have barred the DOJ from using funds to reclassify marijuana was advanced in the House, but shut down before making it into the final passed bill.
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Drug safety group Smart Approaches to Marijuana celebrated the amendment to push back on the reclassification in an X post on Thursday. SAM President and CEO Kevin Sabet said in a statement to the Washington Examiner that their fight against reclassification “is far from over.”
“Dozens of GOP members of Congress sent the President letters opposing rescheduling, and now our allies are taking bold action to stop this reckless move before it happens. This amendment from Sens. Ted Budd and James Lankford is a key development on that front. It would prevent massive tax relief from flowing to the industry and supercharging its efforts to hook a new generation, even if marijuana does move into Schedule III,” Sabet said.
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