President Donald Trump has signed an executive order directing the federal government to reclassify marijuana as a less dangerous drug. Aloha State Daily reached out to local justice officials for their reaction.
The executive order moves marijuana from Schedule I of the federal Controlled Substances Act, a category that includes heroin and LSD, to Schedule III, which includes ketamine, Tylenol with codeine and anabolic steroids.
The order does not legalize marijuana under federal law. Despite the federal ban, many states have liberalized marijuana laws. Cannabis is currently legal in 40 states for medical use and in 24 states for recreational use. Hawai‘i allows medical marijuana but has not legalized recreational use.
The White House said the action reflects updated scientific findings and recommendations from federal health agencies. In the order, the administration cited a 2023 Food and Drug Administration review that found scientific support for marijuana’s medical use in treating pain, nausea and vomiting and anorexia related to certain medical conditions.
Federal officials also pointed to the widespread use of medical marijuana across the country and the limited research infrastructure created by marijuana’s long-standing Schedule I status.
Under the order, the U.S. attorney general is directed to complete the rulemaking process to reclassify marijuana to Schedule III “in the most expeditious manner” allowed by law. The administration also called for expanded research into medical marijuana and hemp-derived cannabidiol, or CBD, products to better inform patients and health care providers.
Honolulu Prosecuting Attorney Steve Alm criticized the marijuana reclassification, warning it could harm public health and send the wrong message to young people.
“Rescheduling marijuana from Schedule I to Schedule III is a bad idea for the health of Hawai‘i, for both keiki and adults,” Alm told ASD. “It will make selling this new very powerful drug more profitable for those selling marijuana on the Mainland including the Mexican and Chinese cartels that have been moving into the marijuana business.”
Alm said broader trends suggest growing skepticism toward marijuana legalization.
“Nationally, the tide appears to be turning against commercial legalization of marijuana,” he said. “No state has approved marijuana legalization since 2023 and an entire country, Thailand, has reversed course and has moved from commercial legalization to physician prescribed use only.”
He added that increased research into marijuana could strengthen arguments against legalization.
“If this rescheduling leads to more research, that will only strengthen the case against legalization,” Alm said. “All of the research now is compelling about the dangers of legalization and more research will highlight more problems.”
Alm said the shift could minimize perceived risks associated with marijuana use.
“The danger locally is that this rescheduling could send the inaccurate message to our kids and adults that marijuana is harmless,” he said. “Marijuana legalization brings many harms to many people.”
He cited addiction, health risks and public safety concerns.
“One in three marijuana smokers develops marijuana use disorder, edibles are a threat to our children and teens, mental health problems increase as well as more heart attacks and strokes, deadly car crashes increase and HPD has no way to test for it in Driving Under the Influence situations,” Alm said.
Alm also questioned whether the state should benefit financially from marijuana use.
“The daily marijuana smokers, the addicts, are the ones who smoke the vast majority of the marijuana consumed, meaning that’s who Hawai‘i would be making any tax revenue from,” he said. “Does Hawai‘i really want to be in the addiction-for-profit business?”
The state Department of the Attorney General said it is monitoring the situation as the federal process moves forward.
“The Department of the Attorney General is aware of the President’s action directing the reclassification of marijuana under federal law,” the department told ASD. “Reclassification is a federal administrative process that will require additional review and implementation by federal agencies.”
The federal rulemaking process includes additional review and an administrative law hearing. Until that process is complete, marijuana remains classified as a Schedule I drug under federal law.
In a separate but related development, a little-noticed provision tucked into the federal spending bill signed by President Trump in November could upend a booming industry. The provision bans many THC-infused products, like gummies, drinks, topical pain relief and vapes, now found everywhere from gas stations to wellness shops.
Hemp, a derivative of the cannabis plant, was legalized in the 2018 Farm Bill, which created a loophole allowing THC to be sold in low doses and fueling a surge in mainstream consumer products. However, the new spending bill prohibits products containing more than 0.4 milligrams of THC per container, a restriction that could disrupt this rapidly expanding market.
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