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ARTICLE · 14 OCTOBER 2026

Executive Action And Marijuana Legalization: What A President Can Do Without Congress

Harris Sliwoski
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The executive branch possesses substantial authority to reshape federal cannabis policy without waiting for Congress. Through strategic use of existing statutes, the President could direct agencies to establish scientific pilot programs for medical and adult-use marijuana, initiate descheduling reviews, and create regulatory frameworks that demonstrate workable alternatives while building pressure for comprehensive legislative reform.

GlobalGovernment, Public Sector
Jason Adelstone
Jason Adelstone
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Recently on the podcast High Spirits: The Cannabis Business Podcast, I discussed how cannabis legalization can occur through executive action, not just congressional action. This post will expand on what we discussed on the podcast.

My co-founder, Amna Shamim, and I started Project Four 2029 to engage with presidential and congressional candidates ahead of the 2028 election and educate them about the different paths to cannabis legalization and reform. For presidential candidates, that means explaining what can be accomplished through executive action. For congressional candidates, it means explaining how Congress can respond by passing comprehensive cannabis reform.

This may sound like a pipe dream, but it is not. Under the Trump administration, much has changed. President Trump has greatly expanded the Unitary Executive theory of governing and the President's authority to direct executive agencies. The Supreme Court has largely blessed these actions, except with respect to

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