Proposal to Revoke State Medical Marijuana Protections
President Trump’s budget request for fiscal year 2026 includes the removal of a longstanding provision that prevents the Department of Justice (DOJ) from interfering with state-legal medical marijuana programs. This provision, known as the Rohrabacher–Farr amendment, has been renewed annually since 2014 to protect patients and providers operating under state medical cannabis laws from federal prosecution.
Eliminating this safeguard would grant the DOJ authority to pursue legal action against individuals and businesses compliant with state medical marijuana regulations. During his first term, Trump proposed similar measures, but Congress consistently reinstated the protections in final appropriations bills. The current proposal marks a renewed effort to centralize control over cannabis policy at the federal level.
Continued Prohibition of Cannabis Sales in Washington, D.C.
In addition to targeting state medical marijuana programs, the Trump administration’s budget maintains a provision that prohibits Washington, D.C., from using local funds to establish a regulated system for adult-use cannabis sales. Despite the District’s voters approving Initiative 71 in 2014, which legalized the possession and cultivation of small amounts of marijuana for personal use, Congress has consistently blocked the implementation of a commercial sales framework.
The ongoing federal restriction has resulted in a gray market within D.C., where cannabis is often distributed as a “gift” alongside the purchase of unrelated items, circumventing the ban on direct sales. The administration’s decision to uphold this prohibition continues to override the will of D.C. residents and their elected officials.
Implications for States and the Cannabis Industry
The proposed removal of state medical marijuana protections and the sustained ban on D.C. cannabis sales reflect a broader federal stance against cannabis reform. If enacted, these measures could disrupt the operations of medical marijuana programs across the country, creating legal uncertainties for patients, providers, and businesses.
The cannabis industry, which has expanded significantly in recent years, may face increased challenges, including potential federal enforcement actions and difficulties in securing financial services. The administration’s approach could also deter investment and hinder the growth of state-regulated cannabis markets.
Congressional Response and Outlook
Historically, Congress has resisted efforts to dismantle protections for state medical marijuana programs. Lawmakers from both parties have supported the continuation of the Rohrabacher–Farr amendment, recognizing the importance of respecting state decisions on medical cannabis.
As the budget proposal undergoes congressional review, it remains to be seen whether legislators will uphold the existing safeguards and challenge the administration’s attempts to centralize cannabis policy. The outcome will have significant implications for the future of medical marijuana access and the autonomy of states and the District of Columbia in shaping their cannabis laws.
