The Department of Justice is moving to roll back cannabis research and hemp testing pending rules adopted under former President Joe Biden, while a Republican-led committee is seeking to block the Trump-backed push to reschedule cannabis, highlighting fractures within the GOP over cannabis reform.
Attorney General Pam Bondi withdrew 54 proposed cannabis rules in a notice dated September 8 and published September 11, including regulations on the expansion of medical marijuana and cannabidiol (CBD) research and analytical testing for hemp.
The Medical Marijuana and Cannabidiol Research Expansion Act, signed into law on December 2, 2022, aimed to simplify the process for scientists to study marijuana for medical purposes. Previously, researchers faced strict regulations that could delay their work.
However, the Drug Enforcement Administration (DEA), part of the DOJ, has now proposed modifications to regulations related to the new application process and submission of supporting materials electronically for those manufacturing marijuana or CBD for medical research, but it’s unclear how the DEA will handle cannabis research going forward.
The DOJ also proposed to withdraw rules on analytical testing for hemp, which would exempt laboratories from DEA registration requirements if they perform chemical analyses solely on hemp samples produced under an approved USDA Hemp Production Plan.
While it remains unclear whether the DOJ’s cancellations of Biden-era cannabis rules will impact efforts to reschedule marijuana, a White House official told Marijuana Moment that the action “should not be interpreted as a withdrawal of the rescheduling proposal but rather a withdrawal of the Analytical Labs and Hemp [notice of proposed rulemaking] as listed.”
GOP House Committee Seeks To Block Cannabis Rescheduling
Meanwhile, the GOP-controlled House Appropriations Committee approved this week a fiscal year 2026 funding bill by a 34-28 vote that would block the DOJ from using federal funds to reschedule or remove cannabis from Schedule I under the Controlled Substances Act.
“None of the funds appropriated or otherwise made available by this Act may be used to reschedule marijuana […] or to remove marijuana from the schedules established under section 202 of the Controlled Substances Act,” the text reads.
The legislation would, therefore, reserve authority over cannabis rescheduling exclusively for Congress.
The advancement of the CJS appropriations bill follows U.S. President Donald Trump’s remarks at a White House briefing on August 11, when he said he is “looking at” a cannabis rescheduling proposal initiated under President Biden and expects a decision “over the next few weeks.”
Are Republicans Divided Over Cannabis Reform?
Uncertainty over rules for cannabis research and hemp regulations, along with efforts to block the rescheduling of marijuana, however, highlight divisions within the Republican Party.
In late August, nine Republican House lawmakers sent a letter urging the DOJ to halt a cannabis rescheduling proposal. The letter criticized the Biden administration’s recommendation to reclassify marijuana as a Schedule III drug, warning it could send the wrong message to youth and benefit large cannabis companies and foreign drug cartels through federal tax breaks.
“Rescheduling marijuana would send a message to kids that marijuana is not harmful and allow Big Marijuana and foreign drug cartels to get billions per year in federal tax breaks,” the letter reads.
Yet recent polling suggests GOP voters may feel differently. A March survey by Fabrizio, Lee & Associates found that more than 70% of all voters and 67% of Republican voters support rescheduling marijuana to Schedule III.
The rescheduling of cannabis from Schedule I to Schedule III of the CSA would recognize the medical use of the substance, reducing federal restrictions on research and medical applications. Rescheduling could make it easier for cannabis companies to access banking services, reduce their tax burdens, and expand business opportunities.
