Bipartisan House and Senate leaders have rejected a provision It would have prevented the Justice Department from rescheduling marijuana– Maintaining a long-standing rider while protecting state cannabis programs from federal interference.
While a GOP-controlled House committee advanced a version of Commerce, Justice, Science and Related Agencies (CJS) legislation this summer that would have prevented the DOJ from rescheduling cannabis, the new bicameral agreement introduced Monday omits that language.
The move by President Donald Trump to Attorney General Pam Bondi from Schedule I to III of the Marijuana Controlled Substances Act (CSA).
Here is the language of the provision advanced by the House Appropriations Committee, but left out of the final agreement:
“SEC. 607. Funds made available by this Act or otherwise made available may not be used to reschedule marijuana (as that term is defined in section 102 of the Controlled Substances Act (21 USC 802)) or to remove marijuana from the schedules established by section (802) of the Controlled Substances Act.”
GOP senators have it individually tried to block the administration from rescheduling cannabis As part of a stand-alone bill introduced in 2023, but that proposal was not heard or voted on.
Meanwhile, on Monday, the Drug Enforcement Administration (DEA) said Marijuana redistricting appeals process ‘remains pending’ Despite Trump’s executive order.
The newly introduced bicameral CJS bill, which is combining legislation to fund parts of the government covering the interior, environment and energy and water development, also includes a pilot that has been renewed annually since 2014 to block the Justice Department from using its funds to enact state medical marijuana laws.
However, for reasons that are unclear, the rider listing every state that would be protected omits Nebraska.
Here is the text of that provision:
“SEC. 531. None of the funds made available to the Department of Justice under this Act shall be used in Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New Jersey, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, Louisiana, Maine, Maryland, Arizona, Arkansas, California, Colorado, Connecticut, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Missouri, New Hampshire. Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, or the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, or Puerto Rico, to authorize their use, distribution, or establishment of their own laws.”
Missing from the final version is an addition to that rider that the House had previously included, which would have allowed enhanced penalties for sales near schools and parks.
That provision specifically specified that the Justice Department could still enforce a section of the US Code that requires increased penalties for distributing cannabis within 1,000 feet of an elementary school, vocational school, university, playground or public housing.
However, a joint statement explaining the new spending package also states that Congress “directs proper enforcement of the Federal Drug-Free School Zones Act (2 1 USC 860) to ensure that areas where young children are present, including schools and playgrounds, remain drug-free.”
That appears to be related to a Senate committee report released earlier this year that found the medical marijuana protection pilot “does not expressly prevent” U.S. attorneys from enforcing a federal statute that prohibits the sale or manufacture of controlled substances in “areas where young children are present, schools and playgrounds.”
The new bill also maintains protections for state industrial hemp research programs under the 2014 Farm Bill:
“SEC. 530. None of the funds made available by this Act shall be used by the Department of Justice or the Drug Enforcement Administration in violation of Section 7606 (‘Legitimacy of Industrial Hemp Research’) of the Agriculture Act of 2014 (Public Law 113-79).
“President Trump laid an important foundation when he signed the three appropriations bills into law in November, and we’re carrying that momentum into the new year,” House Appropriations Committee Chairman Tom Cole (R-OK). he said in a press release. “This bipartisan, bicameral package reflects continued progress toward responsibly completing FY26 funding.”
Senate Appropriations Committee Chairwoman Susan Collins (R-ME) he said The overall agreement is “a fiscally responsible package that cuts spending, provides essential federal investments that will improve our nation’s water infrastructure, improve our nation’s energy and national security, and advance the scientific research needed to keep America competitive.”
Advocates may welcome the exclusion of the reconsideration provision and the inclusion of medical marijuana protections in the CJS bill, but many cannabis advocates protested Trump’s signing of a separate credit measure in November. It includes provisions to ban most consumable hemp products.
However, when the president ordered marijuana reregulation last month, he also directed Congress to review that policy and ensure that people continue to have access to full-spectrum CBD products. A federal agency will also move to cover these products for certain Medicare and Medicaid patients.