Trump Orders Marijuana Rescheduled: What This Means for Florida

What Trump's Executive Order Actually Does

Let's be clear about what the executive order does and doesn't do. The order, titled "Increasing Medical Marijuana and Cannabidiol Research," directs the Attorney General to expedite the ongoing DEA rescheduling process. It does not itself reschedule marijuana - it tells the relevant agencies to move faster on a process that began in 2024.

Trump himself was explicit: "It doesn't legalize marijuana in any way, shape or form and in no way sanctions its use as a recreational drug." The focus is on medical research and removing barriers that have prevented scientific study of cannabis.

For context: Schedule III includes drugs like ketamine, anabolic steroids, and Tylenol with codeine. These are controlled substances with recognized medical uses but still carry federal criminal penalties for unauthorized possession or distribution.

Why Florida Doesn't Automatically Follow Federal Scheduling

This is the critical point that most news coverage misses. Florida has its own drug scheduling system under Chapter 893 of the Florida Statutes. While Florida's schedules generally mirror federal law, changes to federal scheduling do not automatically update Florida law.

Under Florida Statute 893.0355, the Florida Attorney General has the authority to reschedule controlled substances by rule. The statute says the AG must "give great weight" to federal scheduling decisions to achieve uniformity. But "great weight" is not "automatic adoption." The AG must affirmatively act to change Florida's schedules.

The DeSantis Factor

Even if the federal rescheduling is finalized, Florida's response will depend on state leadership. And Governor Ron DeSantis has made his position crystal clear.

In November 2024, Florida voters considered Amendment 3, which would have legalized recreational marijuana. Despite 56% of voters supporting it, the amendment failed because Florida requires 60% for constitutional amendments. DeSantis was a driving force in that defeat.

The governor deployed state agency heads - from the Department of Law Enforcement to the Department of Health - to campaign against the measure. His chief of staff chaired committees that raised over $30 million to fight the proposal. DeSantis argued the amendment would make Florida "smell like marijuana" and create a corporate monopoly.

The Attorney General who would need to act on any rescheduling serves at the pleasure of this administration. Expecting swift action to align Florida with federal rescheduling would require ignoring everything we've seen from Tallahassee on this issue.

What This Means If You're Facing Marijuana Charges

If you're currently facing marijuana charges in Florida, the federal executive order changes nothing about your situation today. Florida prosecutors will continue charging under Florida law. Florida judges will continue sentencing under Florida guidelines. The penalties remain exactly what they were last week.

The practical reality is this: if you're stopped with marijuana in Orange County tonight, you face the same consequences you would have faced last month. The same charges, the same potential sentences, the same impact on your record. Federal policy is shifting, but Florida law has not moved an inch.

Looking Ahead

Federal rescheduling, if finalized, will matter in the long run. It represents a significant shift in how the federal government views cannabis. It may accelerate changes in other states. It may eventually create pressure on Florida to align its laws. But "eventually" doesn't help you if you're facing charges now.

The path forward in Florida likely requires either legislative action or another ballot initiative that clears the 60% threshold. Given the current political landscape, neither appears imminent. For now, and for the foreseeable future, Florida remains a state where marijuana possession and sale carry serious criminal consequences.

We will continue monitoring this situation and will update this post as developments occur. But the advice for today is simple: federal news doesn't change Florida law. Act accordingly.