The Trump administration's historic decision to reclassify state-licensed medical marijuana as a less dangerous substance has drawn mixed reactions. While some advocates celebrate the move, others argue it falls short for the thousands still imprisoned on federal cannabis-related charges.
The executive order, signed by acting Attorney General Todd Blanche on Thursday, does not alter current penalties for marijuana possession or sale, nor does it address those serving lengthy sentences. Jason Ortiz, director of strategic initiatives for the Last Prisoner Project, said, 'While this is a victory, the fight is far from over.'
Proponents of marijuana legalization and sentencing reform contend that the order benefits only cannabis researchers, growers, and large-scale businesses, while thousands—disproportionately people of color—remain incarcerated or struggle with convictions on their records. Advocates now urge Congress and state lawmakers to take concrete steps to ensure fair treatment or expungement for those with marijuana-related convictions.
Hope for Prisoners and Families
Blanche's order reclassifies state-licensed medical marijuana from Schedule I, reserved for drugs with no medical use and high abuse potential, to Schedule III, a less restrictive category. This shift grants licensed operators and researchers significant tax breaks and reduced business barriers. However, it does not legalize marijuana for medical or recreational use.
Few federal prisoners are incarcerated solely for marijuana possession, but many are convicted for large-scale possession, trafficking, or related offenses. Hector Ruben McGurk, 66, has served life without parole since 2007 for transporting thousands of pounds of marijuana and money laundering. His daughter-in-law, Ferna Anguiano, expressed frustration: 'His release date is death. We see bigger cases where people come home, but he remains.'
Drug policy experts note that rescheduling does not automatically change penalties. Cat Packer of the Drug Policy Alliance explained, 'Even if marijuana were moved to Schedule V, criminal penalties and mandatory minimums for possession would still exist.'
Racial Disparities Persist
Studies show Black Americans are 3.7 to 4 times more likely to be arrested for marijuana possession than whites, despite similar usage rates. Federal drug offenders are overwhelmingly Hispanic and Black. The rescheduling's tax relief will likely benefit predominantly white business owners, widening existing disparities. Packer warned, 'This will widen the financial gaps between Black, brown, and white cannabis industry owners.'
Next Steps for Reform
While Trump could issue a blanket pardon, experts consider it unlikely. Marta Nelson of the Vera Institute of Justice suggested Congress should pass comprehensive legislation addressing convictions, expungements, and regulations. The Last Prisoner Project plans to engage with the Congressional Cannabis Caucus and lobby for clemency.
Advocates hope the order will prompt states to reassess their marijuana laws. Ortiz emphasized, 'Every state should review their situation, as many controlled substance laws are tied to federal policy.'
