Trump’s Marijuana Order Shifts Federal Policy, But Not Wisconsin Law

The Trump administration is easing federal restrictions on medical marijuana.

Despite that order, marijuana remains largely illegal in Wisconsin, including for medicinal use.

Nonetheless, pro-legalization activists here are hopeful the federal shift could be one step that influences Wisconsin lawmakers to eventually make changes at the state level.

What does the federal order do?

The directive issued by Acting U.S. Attorney General Todd Blanche on Thursday does not legalize marijuana at the federal level.

Instead, the order reclassifies the drug in some instances from the most-restricted category of a Schedule I drug to the Schedule III category for drugs deemed to be less dangerous.

The order affects Food and Drug Administration-approved products that contain marijuana. It also applies to medical marijuana that’s licensed through a state-level program.

Practically, that won’t change much in Wisconsin, since it is one of the minority of states where marijuana remains largely illegal both for recreational and medical use.

But the order is part of a shift in how the federal government is approaching marijuana — one that advocates hope could eventually lead to full legalization.

“Medical marijuana remains illegal under state law, but the reclassification underscores the growing acceptance of medical cannabis and cannabis use in general,” David Gwidt, a spokesman for the American Civil Liberties of Wisconsin said in a statement. “State leaders should take note and legalize cannabis — both for medical and recreational use — as the vast majority of Wisconsinites want.”

In places where medical marijuana is licensed at the state level, the “rescheduling action allows for research on the safety and efficacy of this substance, ultimately providing patients with better care and doctors with more reliable information,” Blanche said in a statement.

Rob Pero, the president of the Wisconsin-based Indigenous Cannabis Industry Association, said he believes Thursday’s order could shape the attitudes of Wisconsin lawmakers. Pero also co-founded the Wisconsin Wellness Coalition, which advocates for legalizing medical marijuana in Wisconsin.

“This really relieves a lot of pressure on our Legislature, even those that were very conservative in regards to their opinion of this plant,” Pero said. “This will swing and build momentum for Wisconsin.”

Jay Selthofner, the founder of the Wisconsin Cannabis Activist Network, called Thursday’s order a “step in the right direction,” although he said it’s a small one.

“Rescheduling is not legalization,” Selthofner said. “I personally think the federal government should get out of the cannabis business, the cannabis prohibition business.”

What about all those weed shops in Wisconsin?

Despite restrictions at both the federal and state levels, there are stores in Wisconsin openly selling CBD and THC products.

The stores have been operating under a loophole in the 2018 federal farm bill that allows for the farming and sale of hemp-derived products. Those products need to come from a cannabis plant with no more than 0.3 percent of a type of THC known as delta-9.

That loophole is expected to close this fall, however, when a federal law takes effect that will change the definition of hemp.

Feds move to fully reclassify marijuana

Separately from the order on medical marijuana, the Trump administration has taken steps to speed up a process that could eventually lead to the reclassification all marijuana — including when the drug’s used recreationally — from a Schedule I to a Schedule III substance.

An administrative hearing on that matter is set for June 29.

Although that rescheduling process started under the Biden administration, Selthofner said cannabis activists are pleased to see the effort picking up steam.

“We’re very happy to see a new attorney general responding very positively to Trump’s request to basically expedite this particular process,” he said.

Listen to the WPR report

What does Trump’s new federal marijuana order mean for Wisconsin? was originally published by Wisconsin Public Radio.