In a significant development for cannabis policy discussions, former White House officials have provided new insights into the federal rescheduling and pardon processes under the Biden administration. These revelations, detailed in a November 5, 2025, newsletter from Marijuana Moment, come as the broader cannabis landscape continues to evolve with ongoing legal battles, legislative efforts, and industry lobbying. The commentary from these former staffers offers a behind-the-scenes look at key decisions impacting cannabis laws.
White House Perspectives on Pardons and Rescheduling
Former top White House staffers, speaking as part of a congressional inquiry into President Joe Biden’s decision-making, shed light on the administration’s approach to cannabis clemency and the complex process of rescheduling. Ronald Klain, former White House Chief of Staff, noted that while presidential pardon approvals were generally infrequent, the large-scale cannabis clemency actions stood out. He confirmed awareness of the president’s directive that initiated a review of marijuana’s scheduling, a process that ultimately led federal agencies to recommend moving cannabis from Schedule I to Schedule III of the Controlled Substances Act.
These discussions come after President Biden issued pardons for thousands of individuals convicted of federal simple marijuana possession offenses on October 6, 2022. This action, which urged state governors to follow suit, aimed to address the disproportionate impact of cannabis prohibition on minority communities. However, despite these pardons, reports indicate that as of late 2025, no individuals have been released from federal prison solely for cannabis offenses, highlighting the limitations of executive clemency without broader legislative reform.
The Slow Pace of Federal Rescheduling
The federal effort to reschedule cannabis, a move that would acknowledge its accepted medical use and lower abuse potential, remains a significant topic of discussion and policy debate. The Drug Enforcement Administration (DEA) has been engaged in a formal rulemaking process following a recommendation from the Department of Health and Human Services (HHS) in August 2023 to reclassify cannabis to Schedule III. This process, which included a public comment period and a proposed rule published in May 2024, has faced delays. A previously scheduled hearing has been postponed, potentially pushing the final decision into the next presidential administration. While rescheduling to Schedule III would represent a historic shift and could alleviate some financial burdens for cannabis businesses, such as the limitations imposed by IRS Code Section 280E, it would not federally legalize recreational cannabis or eliminate all criminal penalties associated with the substance, as many prohibitions are not solely tied to its Schedule I status.
Broader Cannabis News and Trends
The discussions by former White House officials occur against a backdrop of rapidly developing cannabis news across the United States:
Supreme Court Examines Gun Rights for Cannabis Users
The U.S. Supreme Court has agreed to hear United States v. Hemani, a pivotal case addressing the constitutionality of the federal ban on gun ownership for individuals who use marijuana. The Trump administration has sought and received extensions for filing briefs, pushing key deadlines into early 2026. Meanwhile, gun rights organizations are petitioning the court to consider related cases concurrently, arguing that the Hemani case alone may not fully resolve the complex issue affecting millions of Americans who legally consume cannabis under state laws. Conflicting rulings from lower federal courts underscore the urgency of a definitive Supreme Court decision.
Oklahoma’s Legalization Efforts Stumble
In Oklahoma, activists have withdrawn a proposed ballot initiative aimed at legalizing recreational cannabis for the 2026 election, citing failure to collect the necessary signatures by the November 3, 2025, deadline. This marks another setback for adult-use legalization in the state, following the rejection of State Question 820 in March 2023. While Oklahoma maintains a robust medical marijuana program, broader legalization efforts have consistently faced challenges.
Massachusetts Bill Advances, Industry Faces Repeal Efforts
In Massachusetts, the Joint Committee on Cannabis Policy has advanced a bill that mandates a study into the legal and regulatory barriers faced by first responders regarding marijuana use. The proposed legislation aims to examine issues such as drug testing, departmental policies, and potential conflicts with federal law, while also exploring the medical efficacy of cannabis for conditions common among public safety personnel. Concurrently, the state’s burgeoning $1.6 billion cannabis industry is facing a significant challenge from ballot initiatives seeking to repeal adult-use sales, though experts assess these repeal efforts as having a low probability of success given strong public support for legalization.
Alcohol Industry Lobbies Against Hemp THC Products
A notable trend in policy discussions involves major alcohol industry associations lobbying Congress to ban intoxicating hemp-derived THC products, at least on a temporary basis. Citing increasing consumer interest in these beverages as alternatives to alcohol, groups like the American Distilled Spirits Alliance, Beer Institute, and Wine America have urged lawmakers to establish a robust regulatory framework before these products gain wider market access. This lobbying push is occurring amidst broader congressional debates about the regulation of hemp-derived cannabinoids.
A Trending Policy Landscape
As these varied news items continue to unfold, the overarching trend in cannabis policy indicates a complex and dynamic federal and state environment. The insights from former White House officials underscore the ongoing internal deliberations on rescheduling and pardons, while legislative actions, court rulings, and industry pressures shape the future of cannabis in the United States. The evolving legal and social acceptance of cannabis means that policy developments remain a critical area of trending news for consumers, businesses, and lawmakers alike.
