GOP Senators File Amendment to Defund Marijuana Rescheduling

The path to federal marijuana reform has encountered another legislative hurdle, this time emerging from within the Senate. Despite a White House executive order pushing for the swift rescheduling of cannabis, two Republican senators have moved to defund marijuana rescheduling by proposing to cut off its funding.

As first reported by Marijuana Moment, Senators Ted Budd (R-NC) and James Lankford (R-OK) have filed an amendment to the Fiscal Year 2026 consolidated appropriations bill (H.R. 6938). Their goal is straightforward: prevent the Department of Justice (DOJ) from using any federal funds to move marijuana from Schedule I to a less restrictive category under the Controlled Substances Act (CSA).

This move sets up a significant political clash. It pits conservative members of the Senate against the stated policy of President Donald Trump, who issued an executive order in December 2025 instructing the Attorney General to complete the rescheduling process “expeditiously.”

The Details of the “Defunding” Amendment

The amendment, officially designated as SA 4186, targets the financial machinery required to finalize the rescheduling of cannabis. In Washington, policy is often dictated by what gets funded and what does not. By attaching this language to a “must-pass” spending bill, the senators hope to create a binding prohibition on the reform.

The text of the amendment is explicit. It states that “None of the funds made available by this division may be used to transfer marijuana, as defined in section 102 of the Controlled Substances Act… from schedule I… to another schedule.”

If enacted, this provision would effectively freeze the Drug Enforcement Administration (DEA) and the DOJ in their tracks. Even if the administration wants to reschedule marijuana to Schedule III—a move that acknowledges its medical value—the amendment would legally bar them from spending a single dollar to finalize the paperwork or enforce the change.

The Legislative Vehicle: H.R. 6938

The amendment is attached to H.R. 6938, a massive consolidated appropriations bill intended to fund the government for the fiscal year ending September 30, 2026. These omnibus bills are often used as vehicles for policy riders because they are difficult to vote against without threatening a government shutdown.

However, the procedural status of the amendment is currently precarious. According to congressional records, the Senate “ordered [the amendment] to lie on the table.” In Senate procedure, this often means leadership can call up the amendment but has not yet scheduled it for debate or a vote. Its inclusion in the final law is far from guaranteed, but its existence signals strong opposition from key GOP figures.

A Clash Within the Party

What makes this legislative maneuver particularly notable is that it represents an internal conflict among Republicans.

On December 18, 2025, President Trump signed an executive order titled “Increasing Medical Marijuana and Cannabidiol Research.” This order explicitly directed the Attorney General to take all necessary steps to complete the rulemaking process related to rescheduling marijuana to Schedule III.

The President’s order cited the medical benefits of cannabis for treating chronic pain, anorexia, and nausea, noting that the federal government’s delay in recognizing these uses has failed American patients.

The Senate Opposition

Senators Budd and Lankford have been vocal critics of this shift. Prior to filing this amendment, Budd led a letter joined by Lankford and over 20 other senators urging the President to reject the rescheduling proposal. They argued that easing restrictions on marijuana would undermine efforts to strengthen the economy and public safety.

The House of Representatives has also seen similar resistance. A group of House Republicans sent a separate letter to the President, stating that “rescheduling marijuana will not make America great” and appealing to his history of anti-drug messaging.

The President’s Response

Despite this pushback from his own party, President Trump has reportedly dismissed these concerns. When addressed about the opposition letters, he pointed to polling data showing overwhelming public support for reform.

He also highlighted that cannabis provides relief for people suffering from serious health issues, including personal friends of his.

This divergence places the DOJ in a difficult position. The executive branch has ordered them to move fast, while a faction of the legislative branch is attempting to cut off the resources needed to follow that order.

How The House Handled The Issue

The Senate is not the first chamber to grapple with this specific prohibition language. Similar text was originally included in the House version of the appropriations bill.

During negotiations over the summer, the House Appropriations Committee advanced a version of the Commerce, Justice, Science, and Related Agencies (CJS) legislation that included a ban on rescheduling funds. However, that language was ultimately stripped from the final bicameral agreement.

Bipartisan leaders rejected the provision that would have blocked the Justice Department from rescheduling marijuana. The removal of this language from the House deal suggests the Budd-Lankford amendment faces a steep uphill battle in the Senate. If the House has already agreed to proceed without the ban, reinserting it now would require significant political capital and negotiation.

Protecting State Medical Programs

While the fight over rescheduling continues, other protections for the cannabis industry appear to be holding firm. The new spending package retains a long-standing rider that protects state-level medical marijuana programs from federal interference.

Known historically as the Rohrabacher-Farr amendment (and later by other names), this rider prohibits the DOJ from using funds to prevent states from implementing their own medical marijuana laws. It lists specific states where these protections apply.

What Happens Next?

The fate of the Budd-Lankford amendment depends on the negotiations surrounding H.R. 6938. Since Senate leadership “ordered the amendment to lie on the table,” they may let it expire without a vote if they find it too controversial or believe it could jeopardize the passage of the broader spending bill.

However, the filing itself serves as a marker. It demonstrates that despite the White House’s directive and the completion of the HHS review recommending Schedule III, the path to rescheduling is not entirely clear of obstacles.

If the amendment fails, the DEA and DOJ will ostensibly have the green light—and the funding—to proceed with the President’s directive to finalize the rule. If it were to somehow pass and survive reconciliation with the House, it would effectively pause federal marijuana reform for the remainder of the fiscal year.