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Two Republican senators have filed an amendment that seeks to block the Justice Department from carrying out President Donald Trump’s executive order to quickly finish the process of reclassifying marijuana under federal law.
Sens. Ted Budd (R-NC) and James Lankford (R-OK) are seeking to attach the proposal to Fiscal Year 2026 funding legislation for DOJ that is on the Senate floor this week.
“None of the funds made available by this division may be used to transfer marijuana, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802), from schedule I of section 202(c) of that Act (21 U.S.C. 812(c)) to another schedule of that section,” the amendment says.
Similar cannabis prohibition language had advanced through the House Appropriations Committee before being removed from a bicameral spending legislation deal negotiated by leaders from both chambers. That legislation passed the House last week.
Now, the two GOP senators are seeking to reinsert the prohibition on marijuana rescheduling into the bill before it clears their chamber.
It is not clear if the amendment will receive a debate or vote on the Senate floor—but if it is enacted into law, DOJ would not be able to reschedule marijuana to Schedule III in line with the pending administrative proposal.
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Last month, Budd led a letter joined by more than 20 other senators, including Lankford, that had urged Trump to reject the marijuana rescheduling proposal that was initiated during the Biden administration—arguing that it would “undermine your strong efforts to Make America Great Again and to usher in America’s next economic Golden Age.”
House members sent a separate letter to the president saying that “rescheduling marijuana will not make America great.”
“You have always been a role model for America’s youth, telling young people for years that they should never do drugs,” the House members wrote. “We hope that you consider the harms of marijuana rescheduling and continue sending that strong message of hope to the next generation.”
Trump ultimately dismissed the concerns of GOP lawmakers who oppose marijuana rescheduling when asked about the letters, pointing out that an overwhelming majority of Americans support the reform and that cannabis can help people—including his personal friends—who are suffering from serious health issues.
GOP senators previously 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.
Separately, a coalition of Republican state attorneys general criticized Trump’s rescheduling decision, saying cannabis is “properly” classified as a Schedule I drug with no accepted medical use and a high potential for abuse.
Meanwhile, last week the Drug Enforcement Administration (DEA) said a marijuana rescheduling appeal process “remains pending” despite Trump’s executive order.
Tom Angell is the editor of Marijuana Moment. A 25-year veteran in the cannabis and drug law reform movement, he covers the policy and politics of marijuana, psychedelics and other substances. He previously reported for Forbes, Marijuana.com and MassRoots, and was given the Hunter S. Thompson Media Award by NORML and has been named Journalist of the Year by Americans for Safe Access. As an activist, Tom founded the nonprofit Marijuana Majority and handled media relations, campaigns and lobbying for Law Enforcement Against Prohibition and Students for Sensible Drug Policy.
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