On April 23, 2026, the Trump administration moved medical marijuana from Schedule I to Schedule III — the biggest federal cannabis policy shift in decades. It was historic. It was also incomplete. Tens of thousands of Americans remain incarcerated for cannabis offenses that are now legal in most of the country. Advocates say rescheduling without clemency and full descheduling is a half measure.
Within hours of Acting Attorney General Todd Blanche signing the rescheduling order, criminal justice and cannabis policy organizations made the same point: the move does nothing for people already behind bars. For the Last Prisoner Project, a nonpartisan nonprofit dedicated to cannabis justice reform, the announcement was both a milestone and a missed opportunity.
“While President Trump’s decision to reschedule state legal cannabis is a historic step forward, it does nothing for the tens of thousands of Americans still locked behind bars for actions that are now legal in most of the country. Thankfully, President Trump has demonstrated he is willing to act boldly to correct outdated policies. By pairing rescheduling with clemency for people incarcerated for cannabis, he can cement his legacy as the leader who has done more for cannabis justice than any other president in American history.”
Jason Ortiz, Director of Strategic Initiatives, Last Prisoner Project
The framing is deliberate. Ortiz is not criticizing the rescheduling — he is asking Trump to go further, and doing so in terms the administration might find appealing: legacy, boldness, historic action. It is an ask, not an attack.
What rescheduling does not do
The Schedule III order is explicit on this point. It does not decriminalize cannabis. It does not expunge records. It does not affect the sentences of people currently incarcerated for cannabis offenses. Those outcomes require separate legislative or executive action — either an act of Congress or a …
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Author: Javier Hasse / High Times
