Blank Rome’s Cannabis Practice Applauds Milestone EO and Anticipates Continued Developments and Opportunities in 2026
Frank A. Segall and Shane A. Pennington —
President Trump recently signed Executive Order “Increasing Medical Marijuana and Cannabidiol Research,” published on December 18, 2025. This important measure directed federal agencies to reclassify cannabis from Schedule 1 to Schedule 3 under federal law, marking a major step forward for medical research, patient access, and the broader cannabis industry.
In recognition of this milestone, we would also like to acknowledge entrepreneur and philanthropist, Howard Kessler, for his visionary leadership and commitment to expanding medical cannabis access for seniors through The Commonwealth Project, which aligns with this significant occasion.
“We congratulate Howard Kessler on his vision, perseverance, and critical involvement in advancing medical cannabis access for senior healthcare through The Commonwealth Project, which resulted in President Trump’s historic Executive Order rescheduling cannabis from Schedule 1 to Schedule 3. Howard Kessler championed a cause and became its champion,” said Frank A. Segall, partner and co-chair of the Cannabis practice.
Following this Executive Order, Blank Rome’s Cannabis team has been actively engaging with the media, providing insights and analysis on the implications of rescheduling cannabis.
In case you missed it, Segall shared his perspective with The Boston Globe and The Washington Post:
- “Rescheduling Marijuana Opens Opportunity for Research, Tax Fairness,” The Boston Globe, December 23, 2025
- “Trump Orders Expanded Access to Marijuana, CBD, Citing Medical Benefits,” The Washington Post, December 19, 2025
Shane A. Pennington, a partner who led the largest industry coalition supporting the U.S. Department of Justice’s proposal to transfer marijuana from schedule I to schedule III, contributed to The Washington Post, MJBizDaily, and Law360:
- “Great Leaps in Cannabis Research Expected After Marijuana Rescheduling,” MJBizDaily, December 29, 2025
- “When Is Marijuana Officially Rescheduled? Schedule 3 Timeline Is Unclear – And Has Risks,” MJBizDaily, December 22, 2025
- “Trump Order Rallies Cannabis Industry, Advocates Want More,” Law360, December 18, 2025
- “Inside Trump’s Marijuana Meeting,” The Washington Post, December 12, 2025
- “Trump Seeks to Cut Restrictions on Marijuana Through Planned Order,” The Washington Post, December 11, 2025
This media coverage highlights both the excitement and the questions that remain as the industry navigates this new regulatory landscape. Rescheduling is expected to unlock new opportunities for scientific research, improve tax fairness for cannabis businesses, and support expanded access for patients in need. However, as our team has noted, there are still important developments to monitor, including the prospect of litigation, timeline for implementation, and the potential risks that may arise as the industry adapts to these changes.
As we head into 2026, our Cannabis team is energized by the progress made and optimistic about the future. We remain committed to supporting our clients and the broader community as we enter this new era for medical cannabis.