A cannabis pre-roll is held at a legalization anniversary party in Cranston, Rhode Island, Dec. 1, 2023. (Photo by Christopher Shea/Rhode Island Current)

President Donald Trump signed an executive order Thursday to loosen federal restrictions on marijuana, which Trump said reflected the drug’s potential medical benefits while discouraging recreational use.

The order moves cannabis from Schedule I to Schedule III on the Federal Drug Administration’s list of controlled substances. Schedule I, the most restrictive category under federal law, indicates a high likelihood of abuse and no accepted medical value. 

Trump said the move reflected that cannabis could have medicinal value, even if abuse was still possible.

The order “doesn’t legalize marijuana in any way, shape or form and in no way sanctions its use as a recreational drug,” Trump said. “Just as the prescription painkillers may have legitimate uses, but can also do irreversible damage … it’s never safe to use powerful controlled substances in recreational matters.”

Still, the order marks a major step in the decades-long liberalization of cannabis policy. 

Since 2012, when Washington and Colorado voters legalized personal marijuana use, 22 other states have legalized at least some form of recreational use. Only 10 states still restrict both medicinal and recreational use.

In a statement, Colorado Gov. Jared Polis, a Democrat, praised Trump while calling for further reforms to bring federal law into harmony with states where the drug is legal.

“I thank the President and am pleased that they are finally taking this step to begin the process to reschedule,” Polis wrote. “Colorado’s cannabis industry is the gold standard ensuring that products are safe and regulated. It’s good to see the federal government finally following suit, but it’s frustrating it’s taken this long and there is much more to do for a full descheduling,”

President Joe Biden started the process for rescheduling the drug last year.

Medical angle

A group of administration officials and medical doctors flanked Trump during the Oval Office signing, with some speaking to the potential medical benefits of marijuana, including as an alternative to highly addictive opioid painkillers.

“The facts compel the federal government to recognize that marijuana can be legitimate in terms of medical applications when carefully administered,” Trump said.

Researching the potential benefits of marijuana is nearly impossible because of the tight restrictions on Schedule I substances, advocates have argued.

Removing cannabis from Schedule I would help ease those restrictions, Trump said. 

“This reclassification order will make it far easier to conduct marijuana-related medical research, allowing us to study benefits, potential dangers and future treatments,” he said. “It’s going to have a tremendously positive impact.”

In addition to researchers, the split between federal law and the legal landscape in many states has created challenges for the industry, users and law enforcement, among others.

For example, the unusual position of state-legal businesses in a federally banned industry means they cannot use certain tax provisions, access some banking instruments or transport their product across state lines.

In a lengthy statement, Paul Armentano, the deputy director of leading marijuana legalization organization National Organization for the Reform of Marijuana Laws, offered qualified praise for the move, saying it “validates the experience” of patients who have used marijuana to treat chronic pain and other conditions. 

“This directive certainly marks a long overdue change in direction,” Armentano said. “But while such a move potentially provides some benefits to patients, and veterans especially, it still falls well short of the changes necessary to bring federal marijuana policy into the 21st century. Specifically, rescheduling fails to harmonize federal marijuana policy with the cannabis laws of most states.”

The reclassification could provide tax relief to many marijuana businesses, he added.

GOP senators opposed move

Many Republicans in Congress remain opposed to legalizing marijuana.

In a letter dated Wednesday, 24 Senate Republicans urged Trump not to reclassify marijuana, which they said had a high likelihood of abuse and no medical value.

Allowing marijuana businesses to take advantage of federal tax deductions would give them a tax break of as much as $2.3 billion, allowing them to increase marketing efforts and expand into additional states, the lawmakers wrote. The benefits of economic growth would be outweighed by the costs of accidents, “not to mention the moral costs of marijuana advertising that could reach kids,” they wrote.

“In light of the documented dangers of marijuana, facilitating the growth of the marijuana industry is at odds with growing our economy and encouraging healthy lifestyles for Americans,” the GOP senators wrote. “We urge you to continue your strong leadership of our country and our economy, and to turn away from marijuana rescheduling.”

North Carolina’s Ted Budd led the letter, which was also signed by John Barrasso and Cynthia Lummis of Wyoming, Tom Cotton of Arkansas, Shelley Moore Capito of West Virginia, James Lankford of Oklahoma, Roger Marshall of Kansas, Pete Ricketts of Nebraska, Tommy Tuberville of Alabama, John Cornyn of Texas, Marsha Blackburn and Bill Hagerty of Tennessee, Jim Banks of Indiana, Ron Johnson of Wisconsin, Mike Crapo and Jim Risch of Idaho, Rick Scott of Florida, Kevin Cramer of North Dakota, Cindy Hyde-Smith of Mississippi, Lindsey Graham of South Carolina, Dave McCormick of Pennsylvania and Mitch McConnell of Kentucky.

A billboard advertises an artificial intelligence company in San Francisco in September. California is among the states leading the way on AI regulations, but an executive order signed by President Donald Trump seeks to override state laws on the technology. (Photo by Justin Sullivan/Getty Images)

State lawmakers of both parties said they plan to keep passing laws regulating artificial intelligence despite President Donald Trump’s efforts to stop them.

Trump signed an executive order Thursday evening that aims to override state artificial intelligence laws. He said his administration must work with Congress to develop a national AI policy, but that in the meantime, it will crack down on state laws.

The order comes after several other Trump administration efforts to rein in state AI laws and loosen restrictions for developers and technology companies.

But despite those moves, state lawmakers are continuing to prefile legislation related to artificial intelligence in preparation for their 2026 legislative sessions. Opponents are also skeptical about — and likely to sue over — Trump’s proposed national framework and his ability to restrict states from passing legislation.

“I agree on not overregulating, but I don’t believe the federal government has the right to take away my right to protect my constituents if there’s an issue with AI,” said South Carolina Republican state Rep. Brandon Guffey, who penned a letter to Congress opposing legislation that would curtail state AI laws.

The letter, signed by 280 state lawmakers from across the country, shows that state legislators from both parties want to retain their ability to craft their own AI legislation, said South Dakota Democratic state Sen. Liz Larson, who co-wrote the letter.

Earlier this year, South Dakota Republican Gov. Larry Rhoden signed the state’s first artificial intelligence law, authored by Larson, prohibiting the use of a deepfake — a digitally altered photo or video that can make someone appear to be doing just about anything — to influence an election.

South Dakota and other states with more comprehensive AI laws, such as California and Colorado, would see their efforts overruled by Trump’s order, Larson said.

“To take away all of this work in a heartbeat and then prevent states from learning those lessons, without providing any alternative framework at the federal level, is just irresponsible,” she said. “It takes power away from the states.”

Trump’s efforts

Thursday’s executive order will establish an AI Litigation Task Force to bring court challenges against states with AI-related laws, with exceptions for a few issues such as child safety protections and data center infrastructure.

The order also directs the secretary of commerce to notify states that they could lose certain funds under the Broadband Equity, Access, and Deployment Program if their laws conflict with national AI policy priorities.

Trump said the order would help the United States beat China in dominating the burgeoning AI industry, adding that Chinese President Xi Jinping did not have similar restraints.

“This will not be successful unless they have one source of approval or disapproval,” he said. “It’s got to be one source. They can’t go to 50 different sources.”

In July, the Trump administration released the AI Action Plan, an initiative aimed at reducing regulatory barriers and accelerating the growth of AI infrastructure, including data centers. Trump also has revoked Biden-era AI safety and anti-discrimination policies.

The tech industry had lobbied for Trump’s order.

“This executive order is an important step towards ensuring that smart, unified federal policy — not bureaucratic red tape — secures America’s AI dominance for generations to come,” said Amy Bos, vice president of government affairs for NetChoice, a technology trade association, in a statement to Stateline.

As the administration looks to address increasing threats to national defense and cybersecurity, a centralized, national approach to AI policy is best, said Paul Lekas, the executive vice president for global public policy and government affairs at the Software & Information Industry Association.

“The White House is very motivated to ensure that there aren’t barriers to innovation and that we can continue to move forward,” he said. “And the White House is concerned that there is state legislation that may be purporting to regulate interstate commerce. We would be creating a patchwork that would be very hard for innovation.”

Congressional Republicans tried twice this year to pass moratoriums on state AI laws, but both efforts failed.

In the absence of a comprehensive federal artificial intelligence policy, state lawmakers have worked to regulate the rapid development of AI systems and protect consumers from potential harms.

Trump’s executive order could cause concern among lawmakers who fear possible blowback from the administration for their efforts, said Travis Hall, the director for state engagement at the Center for Democracy & Technology, a nonprofit that advocates for digital rights and freedom of expression.

“I can’t imagine that state legislators aren’t going to continue to try to engage with these technologies in order to help protect and respond to the concerns of their constituents,” Hall said. “However, there’s no doubt that the intent of this executive order is to chill any actual oversight, accountability or regulation.”

State rules

This year, 38 states adopted or enacted measures related to artificial intelligence, according to a National Conference of State Legislatures database. Numerous state lawmakers have also prefiled legislation for 2026.

But tensions have grown over the past few months as Trump has pushed for deregulation and states have continued to create guardrails.

In 2024, Colorado Democratic Gov. Jared Polis signed the nation’s first comprehensive artificial intelligence framework into law. Under the law, developers of AI systems will be required to protect consumers from potential algorithmic discrimination.

But implementation of the law was postponed a few months until June 2026 after negotiations stalled during a special legislative session this summer aiming to ensure the law did not hinder technological innovation. And a spokesperson for Polis told Bloomberg in May that the governor supported a U.S. House GOP proposal that would impose a moratorium on state AI laws.

Trump’s executive order, which mentions the Colorado law as an example of legislation the administration may challenge, has caused uncertainty among some state lawmakers focused on regulating AI. But Colorado state Rep. Brianna Titone and state Sen. Robert Rodriguez, Democratic sponsors of the law, said they will continue their work.

Unless Congress passes legislation to restrict states from passing AI laws, Trump’s executive order can easily be challenged and overturned in court, she said.

“This is just a bunch of hot air,” Titone said. “It doesn’t hold any water and it doesn’t have any teeth because the president doesn’t have the authority to supersede state law. We will continue to do what we need to do for the people in our state, just like we always have, unless there is an actual preemption in federal law.”

California and Illinois also have been at the forefront of artificial intelligence legislation over the past few years. In September, California Democratic Gov. Gavin Newsom signed the nation’s first law establishing a comprehensive legal framework for developers of the most advanced, large-scale artificial intelligence models, known as frontier artificial intelligence models. Those efforts are aimed at preventing AI models from causing catastrophic harm involving dozens of casualties or billion-dollar damages.

California officials have said they are considering a legal challenge over Trump’s order, and other states and groups are likely to sue as well.

Republican officials and GOP-led states, including some Trump allies, also are pushing forward with AI regulations. Efforts to protect consumers from AI harms are being proposed in Missouri, Ohio, Oklahoma, South Carolina, Texas and Utah.

Earlier this month, Florida Republican Gov. Ron DeSantis also unveiled a proposal for an AI Bill of Rights. The proposal aims to strengthen consumer protections related to AI and to address the growing impact data centers are having on local communities.

In South Carolina, Guffey said he plans to introduce a bill in January that would place rules on AI chatbots. Chatbots that use artificial intelligence are able to simulate conversations with users, but raise privacy and safety concerns.

Artificial intelligence is developing fast, Guffey noted. State lawmakers have been working on making sure the technology is safe to use — and they’ll keep doing that to protect their constituents, he said.

“The problem is that it’s not treated like a product — it’s treated like a service,” Guffey said. “If it was treated like a product, we have consumer protection laws where things could be recalled and adjusted and then put back out there once they’re safe. But that is not the case with any of this technology.”

Stateline reporter Madyson Fitzgerald can be reached at mfitzgerald@stateline.org.

Protesters rally outside of the Theodore Roosevelt Federal Building headquarters of the U.S. Office of Personnel Management on Feb. 5, 2025, in Washington, D.C.  (Photo by Alex Wong/Getty Images)

WASHINGTON — The U.S. House passed a bill Thursday that would overturn an executive order from President Donald Trump that strips collective bargaining rights for roughly 1 million federal employees. 

The 231-195 vote was a rare bipartisan pushback against the president. The bill was sponsored by Maine’s Jared Golden, a Democrat, and Pennsylvania’s Brian Fitzpatrick, a Republican. Twenty Republicans joined all Democrats in supporting the bill.

It’s now referred to the Senate, but it’s unclear if it will garner enough support to reach the chamber’s 60-vote threshold — or even be brought to the floor for a vote.

The move also bucked House Speaker Mike Johnson, a Louisiana Republican, who did not bring the bill to the floor for Wednesday’s vote. Instead, lawmakers were able to vote on it through a legislative maneuver known as a discharge petition. 

The procedure allows rank-and-file members to compel the lower chamber to vote on measures that are not brought up by the leadership of the majority party, which is how bills typically reach the floor.

On Wednesday’s vote to advance the discharge petition, 13 Republicans joined all Democrats.

Following Wednesday’s procedural vote, Golden said in a statement that the bill would restore the rights of federal employees.

“President Trump said ending collective bargaining was about protecting our national defense,” he said. “But in my District, many affected workers build our warships and care for our veterans. If the majority we built over the past few months sticks together, we can overturn this union-busting executive order, and we can show America that this body will protect workers’ rights.”  

House Oversight and Reform Committee Chairman James Comer, a Kentucky Republican, argued against the bill on the floor Thursday, saying lax accountability among the federal workforce harmed taxpayers.

“Accountability problems in the federal workforce are legendary,” he said. “It takes a Herculean effort to fire a poorly performing federal worker or one who is engaged in misconduct.”

Trump signed an executive order in March that banned collective bargaining agreements for federal agencies dealing with national security.

Those agencies include the departments of Defense, Veteran Affairs, Homeland Security, State and Energy, along with the National Science Foundation, the U.S. Coast Guard, most entities within the Department of Justice and several pandemic response and refugee resettlement agencies within the Health and Human Services Department, among others. 

Federal police and firefighters are exempt from the order.

Federal employees have limited bargaining agreements, compared to the private sector. Workers cannot strike or bargain for higher wages or benefits, but they can push for better working conditions, such as protection from retaliation, discrimination, and illegal firings. 

President Donald Trump speaks during an executive order signing in the Oval Office on Feb. 11, 2025. (Photo by Andrew Harnik/Getty Images)

President Donald Trump said Friday he will try to reverse any law, pardon or still-in-effect executive order that former President Joe Biden signed with an autopen, though it wasn’t immediately clear how that would work or whether it would be legal. 

Trump declared in a social media post that any documents Biden signed with the autopen are “hereby terminated, and of no further force or effect.”

“I am hereby cancelling all Executive Orders, and anything else that was not directly signed by Crooked Joe Biden, because the people who operated the Autopen did so illegally,” Trump alleged. “Joe Biden was not involved in the Autopen process and, if he says he was, he will be brought up on charges of perjury. Thank you for your attention to this matter!”

The White House press office didn’t immediately respond to a request for the list of documents Trump believes he has the ability to rescind based on the manner they were signed.

States Newsroom also asked the Trump administration if officials believe the president would need to sign an executive order in order to implement his social media post. 

Experts dismissed earlier autopen challenge 

The post was similar to one Trump published in March when he claimed any pardons Biden signed with the autopen were void, something legal experts said at the time was “absurd” and a “red herring.”

Trump brought up his frustration with autopen use again in June when he ordered the White House legal counsel and U.S. attorney general to investigate when and why Biden administration staff used an autopen. 

Trump said during an Oval Office appearance at the time he hadn’t found any evidence Biden aides violated the law.

“No, but I’ve uncovered the human mind,” Trump said. “I was in a debate with the human mind and I didn’t think he knew what the hell he was doing. So it’s one of those things, one of those problems. We can’t ever allow that to happen to our country.”

Biden and spokespeople working for him have repeatedly said he knew what official documents were being signed in his name and rejected claims that White House staff used the autopen without his authorization or knowledge. 

Biden released a statement in June following the Trump memorandum, saying the investigation “is nothing more than a distraction by Donald Trump and Congressional Republicans who are working to push disastrous legislation that would cut essential programs like Medicaid and raise costs on American families, all to pay for tax breaks for the ultra-wealthy and big corporations.”

“Let me be clear: I made the decisions during my presidency. I made the decisions about the pardons, executive orders, legislation, and proclamations,” Biden wrote at the time. “Any suggestion that I didn’t is ridiculous and false.”

While presidents have regularly rescinded their predecessors executive orders, usually within their first few days or weeks in office, Congress would very likely need to act in order to alter or eliminate any laws that Biden signed with an autopen. Trump seeking to overturn a law, or part of a law, unilaterally would likely lead to a lawsuit over whether he holds that power. 

Trump doesn’t cite legal authority

It also wasn’t immediately clear what legal authority Trump believes he has as president to undo pardons if Biden used an autopen to sign the documents. 

David Super, a constitutional and administrative law professor at Georgetown University, told States Newsroom in March that “the Constitution does not require signatures for pardons. It simply says the president has the power to pardon.”

“So if President Biden wanted to simply verbally tell someone they’re pardoned, he could do that. It wouldn’t have to be in writing at all,” he said. “Administratively, of course, we want things in writing. It makes things a lot simpler, but there’s no constitutional requirement.”

Ashley Murray contributed to this report.