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The Donald Trump administration took positions against marijuana and against the easing of laws regarding marijuana.[1] Although Trump indicated during his 2016 presidential campaign that he favored leaving the issue of legalization of marijuana to the states, his administration subsequently upheld the federal prohibition of cannabis, and Trump's 2021 fiscal budget proposal included removing protections for state medical marijuana laws.[1]
In 2018, the administration rescinded the 2013 Cole Memorandum, an Obama-era Justice Department policy that generally directed federal prosecutors not to pursue marijuana prosecutions in states where marijuana is legal as a matter of state law.[2] However, Trump signed the 2018 farm bill, which descheduled some cannabis products from the Controlled Substances Act for the first time.[3][4][5][6]
The bill includes a provision that would make hemp a legal agricultural commodity after Senate Majority Leader Mitch McConnell of Kentucky championed the proposal, even joining the farm bill conference committee to ensure it would be incorporated. Among other changes to existing law, hemp will be removed from the federal list of controlled substances and hemp farmers will be able to apply for crop insurance.
This year's Farm Bill, however, goes much further, changing federal law on industrial and commercial hemp and, remarkably, introducing the first-ever changes to the Controlled Substances Act of 1970.
The [bill] for the first time amends the federal Controlled Substances Act of 1970 so that industrial hemp plants containing no more than 0.3 percent THC are no longer classified as a schedule I controlled substance. (See page 1182, Section 12608: 'Conforming changes to controlled substances act.') Certain cannabinoid compounds extracted from the hemp plant would also be exempt from the CSA.
The proposed compromise bill also would make agricultural production of hemp legal in the United States by removing its designation as a drug akin to marijuana under the Controlled Substances Act.