Another broken promise: Trump is targeting states' power over medical marijuana

Millions of Americans rely on medical cannabis, and most states regulate the production and dispensing of state-licensed medical cannabis products. But that could all change if the Trump administration gets its way.

That’s because the White House’s 2026 fiscal year budget request seeks to repeal a longstanding federal budget rider prohibiting the Justice Department from using taxpayer dollars to prosecute patients and others involved in state-legal medical cannabis programs.  

Members of Congress need to ensure that patients’ rights, as well as the right of states to set their own marijuana policies, remain protected. 

Since 2014, Congress has recognized the importance of state medical cannabis access laws. For more than a decade, lawmakers have made it clear that federal prosecutorial resources must not be used to target patients, caregivers or medical cannabis providers who are compliant with their state laws. 

Prior to the passage of the amendment, federal prosecutors routinely took actions against patients and dispensary operators in jurisdictions where medical cannabis is state-legal. On various occasions, federal officials even threatened the livelihoods of physicians who spoke openly with their patients about cannabis’ medical utility. 

It’s entirely possible, perhaps even likely, that federal prosecutors will once again engage in these heavy-handed tactics if this provision is rescinded. 

Support for the use of medical cannabis is bipartisan, and its efficacy has been scientifically validated. It is a well-established therapeutic agent for patients suffering from chronic pain, appetite loss, seizure conditions and a litany of other illnesses. 

Over 30,000 health-care practitioners nationwide are currently recommending medical cannabis to their patients, according to the U.S. Department of Health and Human Services, and nearly 70 percent of U.S. clinicians are supportive of its use. 

Over 90 percent of voters support the public’s access to medical cannabis products, and even President Donald Trump has acknowledged that it can be an “absolutely amazing” treatment for certain patients. 

President Trump has also championed the idea that state-specific marijuana policies ought to be respected by the federal government and that cannabis’s federally prohibited status as a Schedule I substance ought to be amended.  

“As President, we will continue to focus on research to unlock the medical uses of marijuana to a Schedule 3 drug,” he pledged on the campaign trail. “And [we will] work with Congress to pass common sense laws, including safe banking for state authorized companies, and supporting states’ rights to pass marijuana laws … that work so well for their citizens.” 

Now is not the time for the president to turn his back on that promise. Instead, the administration ought to position itself as a defender of individual liberties and health freedom. 

Patients and their state-authorized providers are not criminals, and there is no legitimate reason for either Congress or the White House to target them. Patients deserve compassion, the opinions of their physicians ought to be respected and states’ decisions to regulate marijuana as they see fit should not be unduly infringed upon by the federal government. 

Paul Armentano is the deputy director of NORML — the National Organization for the Reform of Marijuana Laws — and he is the co-author of the book “Marijuana Is Safer: So Why Are We Driving People to Drink?” (Chelsea Green, 2013).