Overview of the President’s December 18th Executive Order and the Implications When Marijuana is Rescheduled to Schedule III under the U.S. Controlled Substances Act

TOP-LINE SUMMARY

The President signed an Executive Order on December 18, 2025, ordering his administration to move expeditiously to reschedule marijuana to Schedule III under the U.S. Controlled Substances Act. A final rule to reschedule marijuana has not yet been issued by the Department of Justice. The timeline for a final rule remains unknown, and until there is a final rule, marijuana remains Schedule I.

Rescheduling marijuana to Schedule III will:

• Remove the applicability of section 280E of the federal tax code, allowing marijuana businesses to deduct all standard business expenses in accordance with federal law, even if the Schedule III marijuana product is not a U.S. Food and Drug Administration (FDA) approved drug.
• Potentially make it easier to obtain and maintain a U.S. Drug Enforcement Administration (DEA) registration as a Schedule III research facility to research marijuana.Unless otherwise specified through new agency rules or policies, rescheduling marijuana will not:
• Change the federal status of state-regulated markets, which would remain non-compliant with U.S. federal law.
• Allow marijuana products that are not FDA-approved drugs to be prescribed by a doctor for a medical condition.
• Legalize interstate commerce. Interstate commerce of Schedule III drugs requires approval from the FDA, and necessary approvals and licenses under the Controlled Substances Act, as issued by DEA.
• Allow for the use of real-world cannabis products in human research, unless they meet FDA requirements for safety and quality through an Investigational New Drug (IND) Application.
• Change existing industry guidance from the Financial Crimes Enforcement Network (FinCEN), unless new guidance is released by the U.S. Department of Treasury.
• Change federal drug testing requirements, unless otherwise specified by appropriate federal agencies.
• Change criminal penalties for individuals found to be trafficking marijuana.

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CANNRA Briefing on Schedule III – December 18 2025

Komorn Law, founded in 1993, brings decades of seasoned experience to Michigan’s most complex criminal and regulatory matters, including the evolving cannabis framework from the MMMA to today’s MRTMA landscape. The firm represents clients facing controlled‑substance offenses, DUI and drug‑related driving charges, firearm violations, property crimes, resisting or obstructing, and the most serious allegations such as manslaughter and homicide. With a proven record in courts across Michigan and the federal system, Komorn Law delivers strategic, relentless advocacy when the stakes are highest. To work with a firm that truly refuses to back down, call  248-357-2550. 

Donald Trump’s Actions

On December 18, 2025, President Donald Trump signed an executive order reclassifying marijuana from a Schedule I to a Schedule III controlled substance under the federal Controlled Substances Act (CSA). This marks the most significant federal cannabis policy shift in decades, moving marijuana out of the category reserved for drugs deemed to have no medical use and high abuse potential (like heroin and LSD)

Brief Summary

The reclassification does not legalize marijuana federally. Instead, it reduces restrictions, allowing expanded medical research, easing tax burdens for cannabis businesses, and potentially opening the door for cannabis-derived therapies to be covered under federal health programs

Background

• Schedule I drugs: No accepted medical use, high abuse potential (heroin, LSD).

• Schedule III drugs: Moderate to low abuse potential, recognized medical uses (ketamine, Tylenol with codeine).

• Marijuana has been Schedule I since 1970, despite widespread state legalization for medical and recreational use.

• The Biden administration began the rescheduling review, but Trump’s order finalized the move

Opinions

• Supporters argue this is a long-overdue recognition of marijuana’s medical value, especially for veterans and patients with chronic pain, cancer, or seizure disorders.

• Critics caution that rescheduling may invite pharmaceutical industry dominance, complicate state markets, and still leaves recreational legalization unresolved.

• Legal scholars note that while research barriers will ease, criminal penalties remain, and federal-state conflicts persist.

What’s at Stake

• Medical Research: Universities and labs can now study cannabis without the same federal hurdles.

• Business Operations: Cannabis companies may gain relief from punitive IRS rules (Section 280E), improving profitability.

• Healthcare Access: Pilot programs could allow CBD and cannabis-derived treatments under Medicare.

• Legal Landscape: Federal prosecutions for marijuana-related offenses remain possible, though less likely for medical contexts.

• State Laws: States retain authority; Trump’s order does not override state prohibitions

In Closing

Trump’s executive order is a historic but partial reform. It acknowledges marijuana’s medical potential while stopping short of full legalization. For legal professionals, the move raises questions about federal-state conflicts, tax law implications, and regulatory oversight. For everyday readers, it signals progress toward mainstream acceptance, but the path to nationwide legalization remains uncertain.

Related Info, Laws or Articles

• Controlled Substances Act (21 U.S.C. § 812)
• Internal Revenue Code § 280E
• Agriculture Improvement Act of 2018 (Hemp provisions)
• People v. Armstrong (Michigan Supreme Court, 2025 – marijuana smell and probable cause)
• Gonzales v. Raich, 545 U.S. 1 (2005) – federal power over marijuana despite state laws

Komorn Law, founded in 1993, brings decades of seasoned experience to Michigan’s most complex criminal and regulatory matters, including the evolving cannabis framework from the MMMA to today’s MRTMA landscape. The firm represents clients facing controlled‑substance offenses, DUI and drug‑related driving charges, firearm violations, property crimes, resisting or obstructing, and the most serious allegations such as manslaughter and homicide. With a proven record in courts across Michigan and the federal system, Komorn Law delivers strategic, relentless advocacy when the stakes are highest. To work with a firm that truly refuses to back down, call  248-357-2550. 

Case Summary

Michigan courts issued several important decisions clarifying when confessions are admissible, how Miranda applies in nontraditional settings, and what constitutes a valid invocation of counsel. In Lafey, a spontaneous statement made during a pat‑down was admissible despite the absence of Miranda warnings. In Lewinski, a hospital‑bed confession was upheld because the setting was not coercive enough to constitute custody. In Burnett, the Court of Appeals held that police violated the defendant’s right to counsel by continuing questioning after he clearly requested an attorney. Finally, in Wade, a secretly recorded conversation with a girlfriend did not violate the Fifth or Sixth Amendments because it was non‑coercive and occurred before the murder charge existed.

Background

Confession law centers on two constitutional protections:

• Fifth Amendment (Miranda) — protects against compelled self‑incrimination during custodial interrogation.
• Sixth Amendment — guarantees counsel after formal charges are filed and is offense‑specific.

Courts must determine:

1. Was the defendant in custody?
2. Was there interrogation?
3. Was the statement voluntary?
4. Was counsel invoked, and if so, was the request honored?

These cases illustrate how subtle factual differences determine whether a confession is admissible.

Lower and Higher Court Opinions

• Lafey: Police questioned the defendant at his home before giving Miranda warnings. During a pat‑down, he spontaneously stated that “the shells I shot her with” were in his pocket. The Court of Appeals held the statement admissible because it was not the product of interrogation.
• Lewinski: Police questioned the defendant in a hospital bed while he was connected to medical equipment. Although the questioning was interrogation and the defendant was not free to leave, the setting was not coercive enough to constitute custody. Because Miranda applies only to custodial interrogation, the confession was admissible.
• Burnett: While jailed in Georgia, the defendant repeatedly stated he wanted a lawyer before speaking about the Michigan murder. Police continued the interaction, and he eventually waived Miranda and confessed. The Court of Appeals held the waiver invalid because the defendant had clearly invoked counsel and did not reinitiate questioning. His request was not “scrupulously honored.”
• Wade: A girlfriend wore a recording device during a jail visit and obtained incriminating statements about a 2010 murder. The Court of Appeals held the Fifth Amendment was not violated because the conversation was non‑coercive and not a police interrogation. The Sixth Amendment did not apply because the murder charge had not yet been filed.

What’s at Stake

These cases shape the boundaries of confession law:

• Spontaneous statements remain admissible even in custody.

• Hospital or medical settings do not automatically create custody.

• Invocation of counsel must be honored immediately and fully.

• Undercover or private conversations are not custodial interrogation.

• Sixth Amendment rights attach only after formal charges.

Together, they reinforce that admissibility depends on the interplay between custody, interrogation, voluntariness, and timing.

In Closing

Lafey, Lewinski, Burnett, and Wade collectively clarify how Michigan courts evaluate confessions in varied and complex circumstances. They highlight that Miranda is not a blanket rule but a precise constitutional safeguard triggered only when custody and interrogation intersect. These decisions provide critical guidance for courts, law enforcement, and defense attorneys navigating confession‑related challenges.

Related Information, Laws and Articles

• Miranda Warning 
• Fifth Amendment — Self‑incrimination
• Sixth Amendment — Right to counsel
• When Can Your Silence Be Used Against You in a Legal Situation?
• Miranda v Arizona, 384 US 436 (1966)
• Edwards v Arizona, 451 US 477 (1981) — Invocation of counsel
• Massiah v United States, 377 US 201 (1964) — Sixth Amendment interrogation
• People v Lafey
• People v Lewinski
• People v Burnett
• People v Wade

Komorn Law, founded in 1993, brings decades of seasoned experience to Michigan’s most complex criminal and regulatory matters, including the evolving cannabis framework from the MMMA to today’s MRTMA landscape. The firm represents clients facing controlled‑substance offenses, DUI and drug‑related driving charges, firearm violations, property crimes, resisting or obstructing, and the most serious allegations such as manslaughter and homicide. With a proven record in courts across Michigan and the federal system, Komorn Law delivers strategic, relentless advocacy when the stakes are highest. To work with a firm that truly refuses to back down, call  248-357-2550. 

Fourth Amendment Search & Seizure — Quick Summary

The Fourth Amendment protects individuals from unreasonable searches and seizures, limiting when and how the government may intrude on privacy. These protections apply only when police conduct qualifies as a search or seizure. A search occurs when the government violates a person’s reasonable expectation of privacy, a standard drawn from Katz v. United States. This includes accessing private digital data or using technology like thermal imaging. There is no protection for things exposed to the public or left in open fields. A seizure involves meaningful interference with property or a situation where a reasonable person would not feel free to leave

Most searches and seizures require probable cause, meaning facts that would lead a reasonable person to believe a crime occurred or that evidence will be found. Probable cause is required for a warrant, which must be issued by a neutral judge, supported by sworn evidence, and describe the place and items with particularity

Although warrants are preferred, several exceptions allow warrantless searches:

• Search incident to arrest (limited to the arrestee and immediate area)

• Consent (must be voluntary and within the scope granted)

• Plain view (officer lawfully present and the item’s illegality is obvious)

• Exigent circumstances (emergencies like hot pursuit or imminent danger)

• Automobile exception (probable cause to search a vehicle)

If police violate the Fourth Amendment, the Exclusionary Rule bars illegally obtained evidence. The related fruit of the poisonous tree doctrine excludes derivative evidence as well, ensuring constitutional compliance and deterring misconduct

Komorn Law, founded in 1993, brings decades of seasoned experience to Michigan’s most complex criminal and regulatory matters, including the evolving cannabis framework from the MMMA to today’s MRTMA landscape. The firm represents clients facing controlled‑substance offenses, DUI and drug‑related driving charges, firearm violations, property crimes, resisting or obstructing, and the most serious allegations such as manslaughter and homicide. With a proven record in courts across Michigan and the federal system, Komorn Law delivers strategic, relentless advocacy when the stakes are highest. To work with a firm that truly refuses to back down, call  248-357-2550.