Trump Seeks to Strip Medical Marijuana Protections in 2026 Budget Proposal While Continuing Ban on D.C. Cannabis Sales

First Budget of Trump’s Second Term Repeats Efforts to End DOJ Ban on Interfering with State Medical Marijuana Laws

President Donald Trump’s administration has once again taken aim at long-standing federal protections for states that have legalized medical marijuana. In the budget request for the 2026 fiscal year, submitted to Congress on Friday, the White House is seeking to eliminate a legislative rider that bars the Department of Justice (DOJ) from using federal funds to impede state implementation of medical cannabis laws.

This provision, first enacted in 2014, has served as a critical legal safeguard for medical marijuana patients and businesses operating in compliance with state laws. Trump sought to remove the rider in every budget proposal during his first term and has resumed the effort in his return to the White House.

Congress Has Repeatedly Rejected Efforts to Roll Back Cannabis Protections Since 2014

Although presidents from both parties have proposed deleting the rider, Congress has consistently retained the language in annual appropriations bills. While former President Barack Obama and now Trump pushed to remove the protection, President Joe Biden supported keeping it in place throughout his term, maintaining a more cannabis-friendly posture in his budget proposals.

Notably, Congress has never expanded the scope of the rider to cover adult-use cannabis programs, despite growing momentum for recreational legalization at the state level. The omission of broader protections has left adult-use programs vulnerable to federal enforcement, although in practice, DOJ interference has remained limited.

Trump Signals Continued Resistance to Legalization Through Signing Statements and Policy Riders

During his first term, Trump repeatedly signed spending legislation that included the medical marijuana rider, but accompanied these approvals with signing statements indicating his administration would interpret the provision in a way that did not restrict the president’s constitutional powers. These statements left open the possibility that federal enforcement could still be directed at state-legal marijuana activity.

In addition to removing protections for medical cannabis, Trump’s new budget proposal maintains language that blocks the District of Columbia from using local funds to legalize and regulate recreational marijuana sales. This rider, introduced by Rep. Andy Harris (R-MD), has been a point of contention between local officials and Congress for nearly a decade.

D.C. Marijuana Sales Ban Remains in Place Despite Local Support and Advocacy

Though D.C. voters approved a ballot initiative in 2014 legalizing adult-use marijuana possession and home cultivation, the Harris rider has prevented the city from establishing a legal sales framework. As a result, cannabis sales in the District occur in a gray-market “gift economy,” without regulation or taxation.

Del. Eleanor Holmes Norton (D-DC) has been a consistent critic of the congressional override of local D.C. autonomy. She has pledged to continue efforts to remove the rider during the appropriations process, citing the District’s right to govern its own affairs.

The Biden administration also weighed in earlier this year, suggesting that D.C.’s current cannabis policy is contributing to disorder and public safety concerns—a statement that has frustrated reform advocates who view federal interference as the root cause of the District’s unregulated market.

Budget Also Retains Federal Ban on Promoting Legalization of Schedule I Substances, Including Marijuana

Trump’s 2026 budget proposal also keeps intact a little-known but significant rider that prohibits federal agencies from using funds to promote the legalization of Schedule I substances under the Controlled Substances Act—marijuana among them. The language allows for normal executive-legislative communication but blocks broader federal advocacy for legalization.

Interestingly, the budget does preserve language protecting hemp programs legalized under the 2018 Farm Bill, which Trump signed during his first term. That legislation removed hemp containing less than 0.3% THC from the definition of marijuana and allowed states to regulate hemp cultivation under federal guidelines.

Trump’s Cannabis Messaging Sends Mixed Signals to Industry and Advocates

Trump’s re-election campaign has at times signaled support for limited cannabis reforms, including endorsing a failed ballot initiative to legalize adult-use marijuana in Florida and expressing interest in expanding banking access for cannabis businesses.

However, these public positions contrast sharply with the administration’s budgetary actions. Advocates had hoped Trump might embrace more robust reform in a second term, particularly given growing public support for legalization and the increasing political salience of cannabis policy.

New DEA Nominee Faces Scrutiny Over Unclear Marijuana Stance Amid Rescheduling Push

Meanwhile, the future of federal marijuana policy remains uncertain at the Drug Enforcement Administration (DEA), where nominee Terrance Cole awaits final Senate confirmation. Cole has previously raised concerns about cannabis use, including potential links to youth suicide risk, though he pledged during his confirmation hearing to prioritize the agency’s ongoing marijuana rescheduling review.

The Biden administration initiated the review following a recommendation from the Department of Health and Human Services to reclassify marijuana from Schedule I to Schedule III. Advocates have urged the DEA to complete the process swiftly, noting that rescheduling could remove significant legal and financial barriers for the cannabis industry.

Cole has refrained from taking a definitive position on the outcome of the review, stating he would need to study the matter further. His statements suggest openness to change but fall short of a full endorsement of rescheduling, leaving the industry in a holding pattern.

Trump Pardon Recipient Visits White House for Clemency Talks as PAC Pushes Cannabis Messaging

In a separate development, an activist who received a marijuana-related pardon during Trump’s first term recently visited the White House to meet with the newly appointed “pardon czar,” raising speculation about future clemency actions under the administration.

Simultaneously, a pro-cannabis political action committee funded by industry players has launched ads attacking President Biden’s cannabis record, touting Trump as a more promising reform candidate. Some of the claims made in these ads have been criticized as misleading or inaccurate, particularly regarding the role of the DEA and Trump’s actual policy record.

Reform Hopes Diminish Under Trump’s Latest Budget, Though Congress Still Holds Final Say

While Trump’s 2026 budget reaffirms his administration’s resistance to comprehensive cannabis reform, the final outcome will depend on Congress, which has consistently preserved medical marijuana protections in past years.

Still, advocates warn that the president’s policy posture—combined with uncertain leadership at DEA and continued restrictions on D.C. autonomy—signals a challenging road ahead for federal cannabis reform. As the political season heats up, cannabis is once again shaping up to be a divisive issue with unclear direction under Trump’s leadership.