“The rush to provide medical marijuana to the elderly will require substantial legal, scientific, and commercial infrastructure, which in an ideal world would avoid repeating historical mistakes with clarity and coordination.”
By Emily Dufton
Everyone knows that the last month was historic for cannabis. There are big changes coming with the rescheduling of medical marijuana and federal Medicare coverage of hemp.
But what many have misunderstood is why.
For the first time in 56 years, a type of marijuana has finally escaped Schedule I of the Controlled Substances Act (CSA). Cannabis was placed there in 1970, and despite previous attempts at legalization – including 40 states that legalized medical access and 24 states that legalized recreational use – for more than half a century, cannabis continued to be defined as a substance with no approved medical use and a high potential for abuse.
Until last month, acting Attorney General Todd Blanche moved medical marijuana to Schedule III, a drug category with some medical uses approved and “moderate-low” addiction potential.
This review includes four cannabis products approved by the Food and Drug Administration (FDA) in all 40 states and Washington DC. These products are now Schedule III, which means that dispensary owners don’t have a heavy tax burden like 280E.
Medical marijuana became a much more legitimate industry.
But what makes this change even more historic is who it is intended to benefit: the elderly.
Previous legalization movements all focused on young adults. The decriminalization movement of the 1970s painted cannabis as an “adult right” for a mature baby boomer. Activists in the 1980s and 90s argued that medical marijuana was needed for young people struggling with HIV/AIDS. And in the 2010s and 2020s, social justice movements promoted legalization as a means to end the mass incarceration of Black youth.
Recriminalization movements have been equally concerned with pot’s impact on children. Reagan’s zero-tolerance, “Just Say No” drug war of the 1980s was launched explicitly to save children. And the intoxicating hemp products accidentally legalized in the 2018 Farm Bill are slated to be made illegal again this November, after opponents warned they sent too many children to emergency rooms.
But the Trump administration’s support for medical marijuana reform is based on something new: the concern of 18 percent of Americans over 65 — nearly 1 in 6 — a number expected to rise to nearly a quarter of the population by 2050.
A new industry is emerging to service this demographic. Howard Kessler, of the Commonwealth Project, is one of the biggest proponents of medical marijuana use for seniors.
A Project video (reposted by Trump on Truth Social last September) he seemed to be addressing the president directly. “You can revolutionize healthcare for the elderly,” begins the narrator, before listing cannabis’ positive effects on pain, stress and sleep. The video ends with the promise: “You will deliver the most important senior health initiative of the century, strengthening your legacy and transforming aging care. Millions everywhere will thank you.”
As a drug historian, I did not see this coming. The historic overhaul of medical marijuana is being hailed as a victory for the elderly, a demographic that was almost never included in the conversation.
For years, prohibitionists argued that today’s cannabis products are too strong, a far cry from the tamer, weaker weed of yesteryear. But with these new products aimed at seniors, this really is your grandma’s marijuana. The baby boomers who fought for decriminalization in the 1970s are getting it, in 2026, with federal funding from Dr. Mehmet Oz’s Centers for Medicare and Medicaid Services.
Focusing on the health and well-being of the elderly, Kessler’s campaign successfully overturned decades of drug policy concerns about children, and this shift will have major implications for both legalization and recriminalization campaigns. The “save the kids” attitude that changed the law before may not work when marijuana users are older.
But a backlash could arise just as quickly if unregulated “medical” products start harming grandma.
Therefore, as a historian, I am concerned that this project has been rapidly expanded with vocal support but little coordination. There is a significant lack of clarity on how this transformation will work.
Given that Schedule I marijuana has been around for half a century, the science behind medical cannabis is still a work in progress. It’s also not entirely clear who is responsible, as multiple entities are involved in the change, including the Drug Enforcement Administration, the FDA, the Department of Justice, and the Internal Revenue Service, as well as legislative, regulatory, and law enforcement agencies at the state and local levels.
And so far no one has addressed the impact it has had on hemp/marijuana distribution. Lack of coordination doomed previous legalization campaigns, and could harm reprogramming if it unfolds in a chaotic fashion.
At the moment, the outlook does not look promising. Dr. Gillian Schauer, executive director of the Cannabis Regulatory Association, told NPR, “We’re implementing policy that’s far from where the science is… It’s like flying an airplane blind when we’re building it without parts.”
Last month’s rescheduling was historic, but it’s also incomplete. The rush to provide medical marijuana to the elderly will require extensive legal, scientific and commercial infrastructure, which in an ideal world would avoid repeating historical mistakes by providing clarity and coordination.
It may not happen yet, but it’s what grandma deserves.
Emily Dufton is the author of Grass Roots: The Rise and Fall and Rise of Marijuana in America and Addiction, Inc.: Medication-Assisted Treatment and America’s Forgotten War on Drugs.