Trump Budget Drops Protections For State Medical Cannabis Programs
The Trump administration's budget request for the 2026 fiscal year drops provisions that have protected state medical cannabis programs for more than a decade, online cannabis news outlet Marijuana Moment reported on Monday. The budget provision has blocked federal law enforcement agencies from spending resources to investigate or prosecute businesses operating in compliance with state-authorized medical cannabis programs, despite the continued prohibition of marijuana under federal law.
'This provision, which has been in place since 2014, protects patients, caregivers, and medical cannabis providers in the 39 states that have legalized medical access from federal interference or criminal prosecution,' the National Organization for the Reform of Marijuana Laws (NORML) wrote in a statement. 'Prior to the passage of this protection, federal prosecutors routinely took actions against patients and dispensaries in legal states.'
The budget restriction was first adopted by Congress in 2014 and has been included in the federal budget every year since. But the Trump administration's budget request for the 2026 fiscal year released last week does not include the language. Similarly, the budget requests for each of the four years of President Donald Trump's first term omitted the protections for state-regulated medical cannabis operators.
The administration of President Barack Obama also left the language prohibiting federal interference with regulated medical marijuana businesses out its budget requests following the initial adoption of the provisions. By contrast, the administration budget requests for all fours years of Joseph Biden's presidency included the protections for state-legal medical marijuana businesses.
While the budget request illustrates the Trump administration's spending policies and priorities, Congress has the constitutional responsibility and authority for appropriations legislation. The congressional budget has included the language every year since 2014, despite attempts by both Democratic and Republican administrations to drop the provision.
'Today, more than half the country, including 36 states and Washington, D.C., have embraced medical marijuana, and for the past 10 years, the Rohrabacher-Farr Amendment has prevented the Department of Justice from using federal funds to stop states from implementing their medical marijuana programs,' Laura A. Bianchi, co-founding partner of the cannabis and psychedelics law firm Bianchi and Brandt, writes in an email. 'Rolling back these protections would mark a significant setback for marijuana reform. Ultimately, Congress will have the final say, and the industry remains hopeful that they will uphold these vital safeguards.'
When Trump signed previous appropriations bill including the protections for medical cannabis operators after requesting they be removed, his administration issued a statement that it 'will treat this provision consistent with the President's constitutional responsibility to faithfully execute the laws of the United States.' The statement, which was issued on three separate occasions, was widely interpreted to suggest that the Trump administration might ignore the budget restriction.
The omission of the protections for state-legal medical cannabis programs in the Trump administration's 2026 budget request is likely to disappoint supporters of cannabis policy reform who were encouraged by the president's apparent support for decriminalizing marijuana during the 2024 election campaign. In September, Trump suggested he supported reclassifying marijuana under federal drug laws and that he would back state efforts to legalize recreational cannabis.
'As President, we will continue to focus on research to unlock the medical uses of marijuana to a Schedule 3 drug, and work with Congress to pass common sense laws, including safe banking for state authorized companies, and supporting states rights to pass marijuana laws, like in Florida, that work so well for their citizens,' Trump wrote on Truth Social, according to a report from Marijuana Moment.
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