Is Cannabis Legal Now? What Every Consumer Needs to Know About Today’s Executive Order
On December 18, 2025, the President signed a high-profile executive order aimed at reclassifying cannabis. For a brand like Proof (operating in both California's recreational market and the national hemp space) this could be a massive moment.
However, most headlines are very misleading. Here is what you actually need to know as a consumer.
What’s in the Executive Order?
The order primarily focuses on two major shifts:
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Rescheduling: The order directs the Attorney General to "fast-track" moving marijuana from Schedule I (alongside heroin) to Schedule III (alongside substances like Tylenol with codeine). It does not actually reschedule the plant. Biden made a very similar attempt in his own administration.
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Medicare & CBD: It launches a pilot program to allow Medicare reimbursement for certain CBD treatments, potentially providing seniors with affordable access to hemp-derived products for the first time.
What "Schedule III" Really Means for You
While headlines frame this as an historic shift, it is important to manage expectations:
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It is not federal legalization. Cannabis remains illegal at the federal level, and recreational use is not sanctioned by this order.
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No immediate change for shoppers. For the average consumer, your daily experience won't change based on this order.
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A potential win for research and business. Moving to Schedule III allows for vital medical research and removes the "280E" extreme tax penalty that currently crushes state-licensed operators like us, helping the industry stay sustainable.
The "Catch": Can an Executive Order Reschedule Cannabis?
Legally, a President cannot reschedule a drug with the stroke of a pen. The process must go through the Drug Enforcement Administration (DEA).
Think of this executive order as a "symbolic shove." It signals the administration's intent and asks federal agencies to expedite the complex rulemaking process already underway.
Medicare and CBD: A New Frontier
The most immediate impact may be for seniors. The order authorizes a pilot program for Medicare Advantage beneficiaries to receive up to $500 annually for medically recommended, hemp-derived CBD products. This could be a game-changer for affordable access, provided the products meet strict safety and quality standards.
A Not-So-Side Note
Let's not forget that tens of thousands of people in the United States are currently incarcerated for cannabis-related crimes; even while both federal and state governments happily collect taxes from state-sanctioned operators. The discrepancy between federal and state policy on cannabis comes at a real human cost. There is no mention of, or solution to, this glaring problem in today's order.
Our Commitment
We are keeping a close eye on these developments as they move from the White House to the DEA. Our mission remains the same: ensuring you have safe, high-quality, and accessible cannabis and hemp products. We'll keep our fingers crossed that this "shove" leads to a safer and more accessible future for everyone!