Trump Signs Spending Bill That Continues Blocking Washington, D.C. From Legalizing Recreational Cannabis Sales
As advocates and industry stakeholders await movement on a federal proposal to reschedule marijuana, President Donald Trump has signed a sweeping spending package that once again prevents Washington, D.C. from legalizing recreational cannabis sales. The action preserves a long-standing congressional restriction that has limited the District’s ability to implement a regulated adult-use market, despite strong voter support.
The provision was included in the Financial Services and General Government (FSGG) section of the broader appropriations legislation approved by Congress and signed into law on Wednesday. Its renewal represents another setback for D.C. officials who have argued for years that local voters—not federal lawmakers—should decide cannabis policy in the nation’s capital.
Voters Approved Legalization Years Ago, But Congress Still Holds the Power
District voters overwhelmingly approved a ballot initiative more than a decade ago allowing adults to possess and grow marijuana for personal use. However, while personal possession and home cultivation are legal, Congress has consistently blocked the District from establishing commercial sales.
That barrier stems from an appropriations rider that bars D.C. from using either federal or local funds to legalize or reduce penalties associated with recreational marijuana distribution. Because Congress controls the District’s budget, lawmakers have been able to maintain this restriction year after year—effectively freezing D.C.’s cannabis market in a partial legalization limbo.
The Appropriations Rider That Keeps D.C. Cannabis Sales Illegal
The rider, which was preserved in the latest spending bill, is primarily championed by Rep. Andy Harris (R-MD), a longtime opponent of marijuana legalization. The language prohibits both federal agencies and the D.C. government itself from spending funds to legalize or regulate recreational marijuana sales.
The text explicitly bars the District from enacting or carrying out laws related to the possession, use, or distribution of Schedule I substances or “any tetrahydrocannabinols derivative” for recreational purposes. That wording has remained largely unchanged since it was first adopted in 2014.
Political Uncertainty for the Rider’s Chief Sponsor
While the rider remains intact for now, Harris’s political future may be uncertain. This week, the Maryland House of Delegates approved a congressional redistricting plan that analysts say could make Harris significantly more vulnerable in the next election.
If the proposal advances through the state Senate and becomes law, Democrats would gain a structural advantage in Maryland’s 1st Congressional District for the first time in more than a decade. Advocates note that Harris’s potential defeat could eventually weaken opposition to the D.C. sales ban, though any such change would take time.
Could Federal Marijuana Rescheduling Change the Equation?
Despite the setback, analysts suggest that the situation could shift if federal officials follow through on moving marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA). Such a change would not legalize cannabis nationwide, but it could significantly alter how existing federal restrictions apply.
In a 2024 report, the Congressional Research Service (CRS) concluded that rescheduling marijuana could allow the District government, as a matter of local law, to authorize recreational cannabis sales, establish market regulations, and levy taxes even if broader federal prohibition remains in place.
A Key Legal Gray Area: What Is a “Tetrahydrocannabinols Derivative”?
Complicating matters is the rider’s reference to “any tetrahydrocannabinols derivative,” a term that is not clearly defined in federal law. According to CRS, that ambiguity could lead to legal disputes over whether certain cannabis products fall under the rider’s prohibition.
The report notes that while some synthetic THC products are clearly illegal under D.C. law, it remains unclear whether all forms of marijuana or even hemp-derived products would qualify as prohibited derivatives. A substance could potentially be classified as marijuana, hemp, and a THC derivative simultaneously, raising interpretive questions for regulators and courts alike.
Advocates Argue Rescheduling Could Open the Door for D.C.
Cannabis advocacy organizations have seized on that ambiguity as a potential path forward. In a 2024 analysis, NORML argued that rescheduling marijuana could “open a door” for D.C. to finally legalize adult-use cannabis sales, even with the rider in place.
The group contended that courts are unlikely to interpret the phrase “tetrahydrocannabinols derivative” as encompassing marijuana broadly, especially if cannabis is no longer classified as a Schedule I substance. That interpretation, advocates say, could give D.C. officials legal footing to move ahead with regulated sales.
Preparations Are Still Allowed, Even Without Sales
Even under the current restrictions, federal watchdogs have acknowledged that D.C. lawmakers are not entirely powerless. In 2021, the Government Accountability Office (GAO) determined that the District can still take preparatory steps toward creating a regulated cannabis market, such as drafting regulatory frameworks or conducting studies.
Medical cannabis sales are already legal and operational in the District, underscoring the partial and often contradictory nature of federal cannabis policy as applied to D.C.
Ongoing Federal Resistance and Legal Challenges
The Trump administration has previously criticized marijuana reform in Washington, D.C., calling it a “failed” policy that contributed to disorder. That stance has extended to the courts as well.
Last year, the administration asked a federal judge to dismiss a lawsuit filed by a D.C. hemp business challenging the constitutionality of the congressional sales ban. The Justice Department argued the case should be thrown out on procedural grounds, a position the court ultimately accepted, dismissing the lawsuit in September.
What Comes Next for D.C. Cannabis Policy?
For now, Washington, D.C. remains unable to legalize recreational cannabis sales, even as dozens of states have moved forward with regulated markets. Advocates say the contradiction between voter will and congressional control continues to undermine local governance.
Whether federal rescheduling, shifting political dynamics, or renewed legal challenges will finally break the stalemate remains uncertain. But with pressure mounting at both the local and national levels, the future of cannabis sales in the nation’s capital is far from settled.
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