WASHINGTON (Gray DC) – Marijuana rights activists joined Congressman Steve Cohen (D-TN) on Capitol Hill Monday to mark 4/20. April 20th is a day synonymous with marijuana, given the colloquial “420” term for weed.
Recreational marijuana is illegal federally and in 26 states. The Drug Enforcement Administration (DEA) classifies weed as a Schedule I narcotic, which is the most serious classification and includes heroin and ecstasy. According to the DEA, Schedule I means there is “no currently accepted medical use and a high potential for abuse.” However, medical marijuana is legal in 40 out 50 states to treat chronic pain, glaucoma, ALS and other ailments.
“It is insane that the federal government has not changed the classification of marijuana and truthfully taken it out of the classification entirely and made it legal,” Rep. Cohen said during a press conference with Students for Sensible Drug Policies. “I started working on this in my career when I was the police legal attorney in Memphis in 1978.”
The path to reclassification has seen bipartisan elements over the last decade. In 2018, a Republican-majority House and Senate passed the bipartisan First Step Act. The legislation sought to reduce recidivism, partially by lowering some sentencing minimums for non-violent drug offenses.
In 2023, under President Joe Biden, the Department of Health and Human Services recommended a Schedule III classification for marijuana. In 2024 the DEA proposed a rule to reclassify to Schedule III. The DEA defines Schedule III as drugs with “a moderate to low potential for physical and psychological dependence.” The list includes ketamine, testosterone and anabolic steroids.
A December 2025 executive order from President Donald Trump ordered the Attorney General to “take all necessary steps to complete the rulemaking process related to rescheduling marijuana to Schedule III.”
According to the White House, the process currently sits still awaiting an administrative law hearing.
For non-violent drug offenders, the slow progression towards full legalization is welcome. However, there are still heavy emotions.
“This is not a joke, this is not ‘oh we’re a bunch of 420 hippies’,” Jeremy Grove, who served time for marijuana distribution said. “We chose to be [on Capitol Hill] on 4/20 instead of in our hometowns smoking weed with our people. Why? Because our people are still inside.”
Beyond the federal classification, a lot of the laws surrounding weed fall on the states to make for themselves.
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