Presidential Executive Orders Address Marijuana and Fentanyl

 Posted on December 18, 2025 in Criminal Law

During his administration, President Donald Trump has issued a large number of executive orders that have affected many areas of the law, including criminal cases. Recently, he issued two orders that may have an impact on drug crime cases. These orders addressed two substances that play a role in many drug cases: marijuana and fentanyl.

For people who may face federal charges related to controlled substances, understanding how laws and government policies have changed is not always easy. Defending against federal crimes will require strong representation from an attorney who has experience in federal courts.

Trump Orders Federal Agencies to Reclassify Marijuana

For years, the federal government in the United States has classified marijuana as a Schedule I controlled substance. Despite the fact that most states have legalized marijuana for medical or recreational use, the U.S. government treats it similarly to the most dangerous substances, like heroin or methamphetamine. People who face federal charges related to marijuana may be sentenced to serve long terms in prison while facing a number of other penalties.

President Trump issued an executive order directing federal agencies to reclassify marijuana from Schedule I to Schedule III. This would place it in line with other substances that have been approved for medical purposes, like Tylenol with codeine. While this change could affect criminal cases, it is more likely to have an impact on the cannabis industry, since it may allow businesses that sell marijuana in states where the drug has been legalized to reduce the taxes they pay and obtain loans more easily. It may also allow for more scientific research into the benefits of marijuana.

Criminal justice advocates have responded to the reclassification of marijuana by noting that while this may be an improvement, it falls far short of the changes that are needed. The criminal penalties that apply to people who face charges related to marijuana will remain in place, and people will continue to face harsh sentences and collateral consequences such as difficulty finding employment and housing. Advocates have called for the passage of laws that would fully decriminalize marijuana and have the federal government recognize the legalization of marijuana by the states.

Trump Declares Fentanyl a Weapon of Mass Destruction

In another executive order, President Trump has officially designated illicit fentanyl and the chemicals used to manufacture it as weapons of mass destruction (WMDs). This is in line with his claims that immigrants entering the United States are an "invasion" and drug smuggling is an act of war. The designation may be used to justify additional military action against alleged drug smugglers or other countries that President Trump claims are profiting from the drug trade.

While some have argued that fentanyl should be classified as a WMD because it could potentially be used as a chemical weapon, experts have stated that an official designation is unnecessary. It is more likely that the designation will be used to pursue harsher sentences for people who have allegedly been involved in fentanyl manufacturing or distribution. The executive order instructed federal agencies to take a more aggressive stance when investigating and prosecuting crimes related to fentanyl. The activities of alleged drug traffickers may be investigated more closely, and prosecutors will likely fight to secure convictions and impose lengthy prison sentences and other penalties.

Contact Our Hartford Drug Crimes Defense Attorneys

For anyone who may face criminal charges related to marijuana, fentanyl, or other drugs at the federal or state level, representation from a skilled attorney can be crucial. At Woolf & Ross Law Firm, LLC, our Connecticut drug crimes lawyers can provide guidance on how changing laws may affect criminal cases, and we will fight to protect our clients’ rights as we defend against convictions for drug charges. Set up a free consultation today by calling us at 860-290-8690.