Two Republican senators have filed an amendment that seeks to block the Justice Department from carrying out President Donald Trump’s executive order to quickly finish the process of reclassifying marijuana under federal law.
Sens. Ted Budd (R-NC) and James Lankford (R-OK) are seeking to attach the proposal to Fiscal Year 2026 funding legislation for DOJ that is on the Senate floor this week.
“None of the funds made available by this division may be used to transfer marijuana, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802), from schedule I of section 202(c) of that Act (21 U.S.C. 812(c)) to another schedule of that section,” the amendment says.
Similar cannabis prohibition language had advanced through the House Appropriations Committee before being removed from a bicameral spending legislation deal negotiated by leaders from both chambers. That legislation passed the House last week.
Now, the two GOP senators are seeking to reinsert the prohibition on marijuana rescheduling into the bill before it clears their chamber.
It is not clear if the amendment will receive a debate or vote on the Senate floor—but if it is enacted into law, DOJ would not be able to reschedule marijuana to Schedule
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