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Congressional Leaders Drop Attempt To Block Marijuana Rescheduling, While Preserving State Medical Cannabis Protections

Jan 7, 2026 | National

Bipartisan House and Senate leaders have rejected a provision that would’ve blocked the Justice Department from rescheduling marijuana—while maintaining a longstanding rider protecting state medical cannabis programs from federal interference.

While a GOP-controlled House committee advanced a version of Commerce, Justice, Science, and Related Agencies (CJS) appropriations legislation over the summer that would’ve prevented DOJ from rescheduling cannabis, a new bicameral agreement unveiled on Monday omits that language.

The move comes weeks after President Donald Trump issued an executive order directing Attorney General Pam Bondi to expeditiously complete the process of moving marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA).

Bipartisan House and Senate leaders have rejected a provision that would’ve blocked the Justice Department from rescheduling marijuana—while maintaining a longstanding rider protecting state medical cannabis programs from federal interference.

While a GOP-controlled House committee advanced a version of Commerce, Justice, Science, and Related Agencies (CJS) appropriations legislation over the summer that would’ve prevented DOJ from rescheduling cannabis, a new bicameral agreement unveiled on Monday omits that language.

The move comes weeks after President Donald Trump issued an executive order directing Attorney General Pam Bondi to expeditiously complete the process of moving marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA).

Here’s the language of the provision advanced by the House Appropriations Committee but excluded from the latest agreement: 

“SEC. 607. None of the funds appropriated or other wise made available by this Act may be used to reschedule marijuana (as such term is defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) or to remove marijuana from the schedules established under section 202 of the Controlled Substances Act (21 U.S.C. 812).”

GOP senators have separately tried to block the administration from rescheduling cannabis as part of a standalone bill filed in 2023, but that proposal did not receive a hearing or vote.

Meanwhile, on Monday, the Drug Enforcement Administration (DEA) said a marijuana rescheduling appeal process “remains pending” despite Trump’s executive order.

The newly unveiled bicameral CJS bill, which is being combined with legislation to fund parts of the government covering interior, environment and energy and water Development, also contains a rider that’s been annually renewed since 2014 barring the Justice Department from using its funds to interfere in the implementation of state medical marijuana laws.

However, for reasons that are unclear, the rider that lists each state that would be protected excludes Nebraska.

Read more at Marijuana Moment

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