Trump Signals Marijuana Rescheduling Decision Is Coming Soon: What Texans Should Know

At a Washington news conference, President Trump said his administration is “looking” at reclassifying cannabis under federal law and will “make a determination over the next few weeks.” He added that the issue is complex, that he has heard “great things” about medical benefits, and that he has heard concerns about other aspects of marijuana. These remarks are the first public comments about cannabis policy since he took office this year and they follow months of speculation about the status of the pending federal rescheduling review.

How We Got Here

The path to today’s moment started under the prior administration. In 2022, the White House directed federal agencies to review marijuana’s status under the Controlled Substances Act. In August 2023, the Department of Health and Human Services recommended moving marijuana to Schedule III after an FDA-led analysis.

In May 2024, the Department of Justice published a proposed rule to reschedule marijuana, formally opening notice-and-comment rulemaking and setting up administrative hearings. Those hearings were later postponed in January 2025 pending resolution of an appeal, which effectively put the process on hold. Since then, the proceeding has been paused as the agency weighs next steps.

The President’s recent comments indicate that the administration is actively working toward a decision, which aligns with his past social media post expressing support for research, a move to Schedule III, and banking reforms for state authorized businesses.

What “Rescheduling to Schedule III” Could Change

• Research access and oversight
Moving cannabis to Schedule III would place it alongside drugs that have recognized medical uses with lower abuse potential than Schedule I substances. This change would loosen some of the strictest barriers on clinical research, which have historically slowed studies of risks, dosing, and therapeutic value.

• Business taxation and compliance
State licensed cannabis businesses currently cannot claim standard business deductions because Internal Revenue Code section 280E applies to Schedule I and II substances. Schedule III status would end that tax penalty and could improve access to capital, accounting, and compliance infrastructure for regulated operators. Banking legislation is separate, yet the President has voiced support for common sense banking rules for state authorized companies.

• Federal criminal framework
Rescheduling could adjust how federal law treats certain marijuana related offenses and controlled substance references. It would not, by itself, create nationwide legalization for adult use, and it would not automatically expunge prior convictions. Congress would still control descheduling and broader reforms that change criminal penalties nationwide.

What Rescheduling Would Not Change in Texas

Texas law would still govern arrests, charging decisions, and sentencing for marijuana offenses that occur within the state. Even if the federal government moves marijuana to Schedule III, Texas statutes on possession, delivery, and THC concentrates remain in place until state lawmakers change them. Local police can continue to make arrests based on state law, and prosecutors can pursue cases as they do today. People should not assume that a federal policy shift protects them from a Texas charge or a driver’s license consequence after a stop on I-45 or along the Seawall.

If you are dealing with a marijuana case in Galveston County or nearby, learn how Texas courts actually handle these matters. Our overview of how to fight a marijuana possession charge walks through the evidence issues that matter most, including search and seizure, lab testing, and chain of custody. It is a practical place to start when you want to understand your options.

What About Cannabis and DWI in Texas

Some people hear “rescheduling” and think impaired driving law will change. It will not. Texas prosecutes driving while intoxicated for any substance that affects normal use of mental or physical faculties. Marijuana related DWI cases usually turn on officer observations, field sobriety interpretation, blood or urine testing, and whether the state can prove impairment at the time of driving. If you have questions about a traffic stop, testing, or license issues, this guide explains the immediate steps to take after a DWI arrest in Texas.

What to Watch Next in Washington

• The administrative record
The DOJ’s rulemaking docket contains scientific findings and legal analysis from HHS and FDA that support Schedule III. If the administration finalizes a rule, expect a clear explanation of how federal criteria for scheduling are met and how enforcement will adapt.

• Hearing status and timing
DEA administrative hearings were postponed in January. A decision could arrive through final rulemaking after internal review, a renewed hearing schedule, or a combined approach that addresses objections raised during the comment period. The agency’s January notice confirms that hearings were stayed pending an appeal, which is why there has been little visible movement since then.

• Banking and “states’ rights” signals
Beyond rescheduling, watch for renewed interest in cannabis banking legislation and continued references to allowing states to set their own marijuana policies. The President’s Truth Social statement referenced both research and banking, and major outlets have reported on the likelihood of action.

Practical Guidance for Texans Right Now

• Do not assume your case will be dismissed because of federal news. Texas prosecutors are still filing marijuana cases and THC concentrate cases today.
• Protect your rights during any police encounter. You can politely decline consent to search. If you are detained, ask for an attorney.
• Get clarity fast. Early decisions about testing, treatment options, or diversion programs can change the outcome of a case.
• Speak with a defense lawyer who understands both local practice and the direction of federal policy.

How Zendeh Del & Associates, PLLC Can Help

Our team defends marijuana and THC cases across Galveston County and nearby areas. We challenge stops and searches, lab results, and field tactics that do not hold up in court. If your case involves marijuana, start by learning about defenses that have worked for Texans and the strategies we use every day. Our marijuana defense page outlines the key issues we evaluate in every case.

If you prefer to learn more about your lawyer before you call, read about firm founder Jonathan Zendeh Del and his courtroom approach.

When you are ready, you can reach our team through our secure contact page. We will listen, explain your options, and help you plan the next step that makes sense for you.

Federal rescheduling might change research and tax rules. It does not change Texas law on possession or DWI.

Context for Readers Who Want the Policy Timeline

• 2022: The White House initiated a review of marijuana’s scheduling under federal law. Federal Register
• August 2023: HHS recommended moving marijuana to Schedule III after an FDA analysis. Congress.gov
• May 2024: DOJ published a proposed rule to reschedule, triggering the formal process. Federal Register
• January 2025: DEA postponed scheduled hearings pending an appeal, pausing proceedings. DEA
• August 2025: President Trump said a decision is coming within weeks. Politico

A note on NORML’s role

Advocacy groups, including NORML, have participated heavily in the comment process and maintain historical timelines of prior rescheduling petitions. Those resources help explain how rare it is for a White House to lead this type of change and why the current review is significant.

If you are facing a marijuana or THC charge in Galveston County, get clear guidance before you make your next move. Zendeh Del & Associates, PLLC is ready to help you protect your record and your future.