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Will trump legalize marijuana
As of mid-2025, the question of whether former President Donald Trump would legalize marijuana if re-elected remains a significant topic of political and social debate. While Trump has never outright endorsed federal legalization of cannabis, his political positioning, historical comments, and current strategy reflect a nuanced and potentially opportunistic stance. This analysis explores Trump’s record, evolving Republican attitudes, federal-state dynamics, economic and electoral implications, and how his potential policies compare to those of the Biden administration.
1. Trump’s Cannabis Record and Political History
During his presidency (2017–2021), Trump maintained a relatively hands-off federal stance on state-legal cannabis programs, especially compared to previous Republican administrations. While he did not advocate for national legalization, Trump:
- Appointed Jeff Sessions as Attorney General, a staunch opponent of cannabis who rescinded the Obama-era Cole Memo in 2018. The memo had directed the Department of Justice to de-prioritize enforcement in states where marijuana was legal.
- Did not initiate a federal crackdown on states with legal cannabis markets, despite Sessions’ actions.
- Indicated support for states’ rights on marijuana during the 2016 campaign, saying it should be “up to the states.”
- Signed the 2018 Farm Bill, which federally legalized hemp (defined as cannabis with less than 0.3% THC), opening the door to the CBD industry.
However, Trump never pursued or proposed federal legalization of marijuana during his presidency. His actions suggest a neutral-to-passive posture: not aggressively opposed, but unwilling to expend political capital on legalization.
2. Current Republican Shifts on Cannabis Policy
Since 2020, the Republican Party has shown increasing openness to cannabis reform, largely driven by public opinion, economic opportunity, and generational change. In 2024 and 2025:
- Over 70% of Americans support cannabis legalization, including a majority of Republican voters.
- Some Republicans, like Representatives Nancy Mace (R-SC) and Matt Gaetz (R-FL), have introduced or supported reform bills such as the States Reform Act, which would legalize cannabis federally while preserving state authority.
- GOP-controlled states such as Missouri, Montana, and Ohio have implemented medical or adult-use legalization, showing bipartisan voter support.
- The Libertarian wing of the party sees cannabis reform as part of a broader agenda on personal freedom and reducing federal overreach.
If Trump chooses to align with these evolving views, he could adopt a more proactive position on cannabis to broaden his base or neutralize Democratic advantages on the issue.
3. Would Trump Legalize Marijuana Federally?
Not Likely to Lead, But May Not Block
Based on past behavior and political strategy, Trump is unlikely to become the champion of federal cannabis legalization. However, several factors could lead him to support or permit reform:
- Political Opportunism: Trump is a skilled populist. If federal legalization polls well among key demographics (young voters, veterans, minorities), he may support it for electoral gain without ideological commitment.
- Bipartisan Appeal: Cannabis reform could serve as a rare point of unity in an otherwise polarized Congress, allowing Trump to claim a “deal-maker” role.
- Economic Framing: Trump often emphasizes job creation and American industry. Framing cannabis as an economic engine—creating tax revenue, reducing crime, and replacing imports might appeal to him.
- Criminal Justice Reform: Trump signed the First Step Act in 2018, showing some openness to justice reform. Supporting cannabis reform could be an extension of that legacy.
Still, Trump has not clearly articulated support for removal from the Controlled Substances Act (CSA) or federal legalization. More likely, he might:
- Support descheduling or rescheduling, especially if the DEA or HHS proposes it (as is happening under Biden).
- Sign a bill like the States Reform Act or SAFE Banking Act, which does not mandate federal legalization but facilitates access to financial services and state autonomy.
- Oppose aggressive enforcement of federal laws in legal states but avoid mandating full reform.
4. Comparison to Biden Administration’s Approach
President Joe Biden has taken modest steps toward cannabis reform:
- Issued mass pardons for simple federal marijuana possession offenses.
- Directed the Department of Health and Human Services (HHS) to review cannabis scheduling.
- HHS recommended rescheduling marijuana to Schedule III, a significant but limited change.
- Has stopped short of supporting full federal legalization, in contrast to many Democrats in Congress.
If Trump were re-elected in 2024 and took office in 2025, he could either continue the rescheduling process, reverse it, or accelerate a different reform agenda. His choice would probably be influenced by:
- His Attorney General’s stance.
- Whether rescheduling gains strong bipartisan support.
- How it impacts 2026 midterms and 2028 prospects for the GOP.
5. Influence of Donors, Advisors, and Lobbyists
Trump’s policy decisions are often influenced by loyalists and business interests. In the cannabis space:
- Some conservative billionaires and industrial stakeholders oppose legalization due to concerns about public health or moral values.
- Others, particularly real estate and agriculture investors, support it for market opportunity.
- Cannabis lobbying groups like the National Cannabis Industry Association (NCIA) and conservative reform advocates could sway Trump if they frame it as a patriotic, pro-business issue.
Trump’s campaign donors and advisors, if they align with libertarian or populist business goals, could push him toward endorsing incremental reforms or deregulation.
6. 2024 Campaign Strategy and Electoral Incentives
Cannabis legalization is popular across a broad swath of the electorate:
- Younger voters (18–34) strongly support legalization (~80%).
- Veterans and pain patients are increasingly advocating for cannabis as an alternative to opioids.
- Latino and Black communities, disproportionately affected by marijuana arrests, view reform as a civil rights issue.
- In swing states like Arizona, Nevada, Pennsylvania, and Michigan, cannabis ballot initiatives have drawn voters who may lean Democratic.
Trump may use cannabis reform as a wedge issue either to split the Democratic vote (if Biden remains cautious) or to appeal to independent and young voters with a “common sense” approach.
However, Trump also risks alienating religious conservatives and law-and-order Republicans. To balance this, he might favor states’ rights narratives over full federal legalization.
7. Legal and Bureaucratic Considerations
Even if Trump were inclined to legalize marijuana federally, the process is complex:
- Descheduling marijuana requires either an act of Congress or a DEA rulemaking process backed by HHS science.
- Congressional gridlock may make legislative legalization difficult, especially if the Senate is narrowly divided.
- Trump could direct the DEA to deschedule or deprioritize enforcement, but doing so without Congressional backing could provoke lawsuits and backlash.
- His appointments to key federal agencies—such as the DEA, DOJ, and FDA would strongly influence policy implementation.
8. Bottom Line: Will Trump Legalize Marijuana?
In summary, Trump is not ideologically committed to cannabis legalization, but:
- He is pragmatic and populist, which could lead him to support reform if it enhances his political image.
- He is unlikely to oppose states’ rights, meaning he probably would not reverse state-legal programs.
- He might support incremental reforms like banking access, veteran access, rescheduling, or criminal justice reform tied to marijuana.
- Full federal legalization under a Trump administration is possible but improbable without bipartisan Congressional momentum.
Therefore, while Trump is not a likely leader of the cannabis legalization movement, his re-election could result in policy softening or indirect support, especially if political or economic advantages align with reform.
