The year 2024 brought significant movement and some setbacks for marijuana policy at the federal level. Rescheduling efforts moved forward but didn’t reach a conclusion, cannabis banking reform stalled again, and clemency promises remained largely unfulfilled. Still, there were moments of progress that fueled optimism for the years ahead. Here’s a detailed look at the most impactful developments in federal marijuana policy over the past year.
Biden Administration Advances Marijuana Rescheduling, But Progress Stalls
The Biden administration made headlines with its continued push to reschedule marijuana from Schedule I to Schedule III under the Controlled Substances Act. Following a scientific review by the Department of Health and Human Services (HHS), the Justice Department formalized the recommendation earlier this year.
This initiated a public comment period that drew over 40,000 responses, most of which supported the move. However, the process didn’t progress as quickly as many advocates hoped. The Drug Enforcement Administration (DEA) faced criticism for procedural missteps and questionable communications, which delayed further actions. By year’s end, the reform remained in administrative hearings, with decisions now deferred to 2025 under a new administration.
The stalled timeline underscores the broader challenges of navigating federal marijuana policy—a task entangled in bureaucracy and political opposition.
Presidential Candidates Shape the Marijuana Debate
For the first time in U.S. history, both major party presidential candidates in 2024 openly supported some form of marijuana reform. President-elect Donald Trump backed decriminalization and voiced surprising support for the Biden administration’s rescheduling push. He also endorsed a Florida adult-use legalization ballot measure, though it ultimately failed.
Meanwhile, Vice President Kamala Harris, the Democratic nominee, campaigned on a promise to federally legalize marijuana and create equitable opportunities within the cannabis industry. Despite this, Harris faced criticism from opponents who highlighted her prosecutorial record on marijuana offenses.
The cannabis debate became a focal point of the presidential race, with both candidates leveraging their stances to appeal to voters in key states. The outcome of these discussions may set the tone for marijuana policy under the incoming administration.
Congressional Gridlock Halts Cannabis Banking and Other Reforms
The Secure and Fair Enforcement Regulation (SAFER) Banking Act, which would allow marijuana businesses to access the financial system, faced yet another year of stagnation. Despite passing the Senate Banking Committee, the bill failed to reach a floor vote amid GOP resistance and logistical challenges.
However, Congress did see some progress on other marijuana-related measures:
- A Senate committee approved a bill to limit federal agencies from penalizing past marijuana use in employment decisions.
- The House passed an amendment to protect military applicants from marijuana-related disqualifications, though it was later removed during negotiations.
Still, no major cannabis reform bills were signed into law, leaving stakeholders frustrated with the continued gridlock.
Trump Administration Prepares for a Mixed Approach to Cannabis
As Trump’s cabinet selections took shape, it became clear that his administration’s approach to marijuana policy would be anything but consistent. While some appointees, like former Rep. Matt Gaetz, supported legalization, others, such as Attorney General nominee Pam Bondi, had a history of opposing cannabis reform.
A notable point of contention is Trump’s pick for the Food and Drug Administration (FDA), who has voiced skepticism about marijuana’s medical benefits. On the other hand, Trump’s nominee for Health and Human Services, Robert F. Kennedy Jr., has publicly supported ending cannabis prohibition.
These conflicting perspectives suggest a patchwork approach to marijuana policy under Trump, leaving advocates uncertain about the direction of reform.
Federal Agencies Show Incremental Progress
Various federal agencies made notable moves related to marijuana policy throughout the year:
- DEA: Increased quotas for the production of certain psychedelics for research while maintaining quotas for marijuana.
- IRS: Issued warnings to cannabis companies about improper tax deductions under the restrictive 280E provision.
- USDA: Delayed enforcement of hemp testing requirements while awarding grants to promote U.S.-grown cannabis in international markets.
- VA: Reminded veterans that federal doctors remain prohibited from recommending medical marijuana.
These actions highlight the fragmented nature of federal marijuana policy, with some agencies taking steps forward while others maintain restrictive stances.
Lawsuit Challenges Federal Marijuana Prohibition
A coalition of marijuana companies launched a legal challenge to the federal prohibition of marijuana, arguing that the policy is unconstitutional. While the case faced setbacks at the district court level, it has moved to the U.S. Court of Appeals, where oral arguments were heard this month.
The outcome of this lawsuit could have far-reaching implications for federal cannabis laws and the broader industry. Advocates view the case as a potential catalyst for dismantling outdated regulations.
The Path Ahead for Federal Marijuana Reform
As 2024 ends, marijuana reform at the federal level remains a work in progress. The Biden administration laid the groundwork for rescheduling, but unresolved hearings and administrative delays mean the ultimate decision now lies with the incoming Trump administration. Meanwhile, Congress has struggled to advance meaningful reforms, and federal agencies continue to send mixed signals.
Advocates are cautiously optimistic that bipartisan support for cannabis reform will grow, especially as public opinion increasingly favors legalization. However, significant hurdles remain, from political opposition to the complexities of federal bureaucracy.
As the cannabis landscape evolves, one thing is clear: marijuana policy will continue to be a pivotal issue in U.S. politics and governance.
