Congressional Budget Bills Take Diverging Paths on Marijuana Policy: Senate Steers Clear of Rescheduling While Upholding Medical Protections

Split Emerges Within Republican Ranks Over Federal Marijuana Rescheduling Efforts

A widening rift is emerging among Republican lawmakers on the issue of marijuana rescheduling at the federal level. While the GOP-led House is attempting to block the Drug Enforcement Administration (DEA) from changing marijuana’s classification, Senate Republicans have notably refrained from supporting similar measures. This signals a divergence in cannabis policy strategies across the two chambers of Congress, with potential implications for federal cannabis reform moving forward.

Budget Riders for Medical Cannabis Remain Intact in Both House and Senate Bills

Despite disagreements over rescheduling, both the House and Senate versions of the fiscal year 2026 Commerce, Justice, Science, and Related Agencies (CJS) appropriations bills include a crucial provision: the continuation of the Rohrabacher-Farr Amendment. This decade-old rider prohibits the Department of Justice (DOJ) from interfering with state-legal medical marijuana programs.

Originally introduced in 2014, the amendment is seen as a legal firewall, shielding medical marijuana patients, providers, and regulators from federal prosecution. The amendment has been renewed annually since its inception and remains one of the few consistent bipartisan cannabis protections at the federal level.

Nebraska Left Off Senate List Despite Voter-Approved Medical Marijuana Legalization

Curiously, Nebraska is absent from the list of protected states in the Senate bill, even though voters approved medical marijuana access in the 2024 election. Critics argue that the omission reflects political tensions in the state, where officials have resisted implementing the voter-backed law. The continued delay in launching a working MMJ program may have played a role in Nebraska’s exclusion from the federal protection list.

House Proposal Seeks to Block DEA from Rescheduling Cannabis Under Federal Law

Where the House version of the CJS bill diverges significantly is in its language that would prohibit the DOJ, and by extension the DEA, from reclassifying marijuana under the Controlled Substances Act.

This language appears aimed at halting the Biden administration’s ongoing process to reschedule cannabis from Schedule I to Schedule III, a move that would acknowledge its medical use and reduce some of the strictest regulatory burdens for businesses and researchers. Such rescheduling has been recommended by the Department of Health and Human Services (HHS) and awaits final action from the DEA.

Advocates for cannabis reform argue that this House proposal undermines scientific progress and ignores overwhelming public support for updating federal marijuana laws. The Senate’s silence on the issue could indicate a more measured or cautious approach among upper chamber Republicans.

DEA’s Rescheduling Authority Remains in Limbo as Political Gridlock Deepens

As it stands, the fate of marijuana rescheduling is now largely in the hands of DEA Administrator Terrance Cole. The House’s attempt to insert language blocking the rescheduling process could create new legal hurdles, depending on how the final version of the bill evolves during reconciliation.

Still, the DEA has yet to take formal action following the HHS recommendation. With the process stalled, observers fear that political interference — either through legislation or administrative pressure — could permanently derail what many see as a long-overdue reform.

Senate Focuses on Foreign Controlled Illicit Marijuana Grows Amid Rescheduling Silence

While the Senate has not echoed the House’s efforts to stop rescheduling, it has inserted language into its version of the CJS bill directing law enforcement agencies to prioritize investigations into illegal cannabis grows allegedly operated by foreign nationals — particularly those with suspected ties to China.

This directive reflects increasing concerns among lawmakers about organized criminal networks exploiting cannabis markets in legal and illegal states alike. In recent months, multiple law enforcement agencies have reported the discovery of large-scale unlicensed marijuana operations involving foreign labor and ownership.

Lawmakers Cite National Security and Market Integrity as Motivations for Enforcement

Senators backing the provision argue that such illicit operations pose a threat to national security and undermine the integrity of state-regulated marijuana markets. Critics, however, caution that overemphasizing foreign involvement could lead to racial profiling and distract from the need for systemic cannabis reform.

Regardless, the provision represents the Senate’s most direct cannabis-related action in the current budget cycle, highlighting how enforcement and national security concerns are shaping marijuana policy debates at the federal level.

Medical Marijuana Advocates Call for Unified Federal Approach Amid Policy Fragmentation

Amid these developments, advocates are urging Congress to adopt a more consistent and comprehensive cannabis policy. While the preservation of the medical marijuana rider is a relief for patients and providers, the broader patchwork of federal policy — including conflicting positions on rescheduling — continues to sow confusion and hinder progress.

“Medical marijuana patients and the businesses that serve them need stability,” said Morgan Fox, political director for the National Organization for the Reform of Marijuana Laws (NORML). “It’s time for Congress to move beyond temporary protections and enact lasting, science-based cannabis reforms.”

Federal Cannabis Reform Remains a Contentious and Fragmented Issue

As Congress continues to negotiate spending bills, the future of marijuana policy remains uncertain. The inclusion of medical marijuana protections offers a sense of continuity, but the sharp divide over rescheduling and enforcement priorities underscores how polarized and complex the cannabis debate remains on Capitol Hill.

With $40 billion in annual legal marijuana sales projected nationwide by 2026 and more than 40 states now offering some form of legal cannabis access, stakeholders say the pressure is mounting for Congress to bridge its internal divisions and deliver coherent, lasting federal reform.