Constitution Index · Executive Order 14370 · 2025-12-18

Increasing Medical Marijuana and Cannabidiol Research

Latest official status (2026-10-19): no_disposition_noted

Official source ↗

Constitutional grade

A

Constitutional

Executive Order 14370 is constitutional. It executes existing CSA authority to reschedule marijuana to Schedule III and improve research on medical marijuana and cannabidiol, with no rights infringement, no taking, no new federal power grab, and explicit respect for state medical programs.

Article II, Section 1 Article II, Section 3 Article I, Section 8, Clause 3 Amendment I Amendment IV Amendment X Amendment V

SI-generated grade · passed automated checks (real Constitution citation, language rules) · not individually reviewed by a person · methodology · Report an error: hello@valuesforamerica.com

The five checks

Enumerated powers · passes

President acts under Article II, Section 1 vesting of executive power and Article II, Section 3 duty to take care that laws be faithfully executed, directing the Attorney General to complete CSA rulemaking under 21 U.S.C. 811. Federal drug scheduling rests on Article I, Section 8, Clause 3 Commerce Clause and Clause 18 Necessary and Proper Clause as implemented by the Controlled Substances Act. Order creates no new power; it orders expeditious execution of existing statutory process and consultation with Congress on hemp definition under 7 U.S.C. 1639o.

Bill of Rights · passes

No provision restricts speech, religion, assembly, press, arms, search and seizure, trial rights, or other protections. First Amendment: order encourages research and real-world evidence to inform doctors and patients, expanding information flow. Fourth Amendment: no search, seizure, or surveillance authorized. Ninth and Tenth Amendments: order acknowledges 40 States plus District of Columbia with regulated medical programs and does not preempt or penalize them. No rights infringement identified.

Individual liberty · passes

Order imposes no restriction on person, property, speech, labor, or belief. It removes research barriers, seeks affordable access, and improves safety information on drug interactions, labeling accuracy, and THC levels, with focus on vulnerable populations including adolescents and seniors. Burden test met: government justifies action as informing voluntary medical decisions, leaving ultimate treatment choice to patient, doctor, and state-authorized programs. SI analysis finds net expansion of informed individual choice.

Decentralization · passes

Order does not consolidate power upward; it reduces federal Schedule I barrier that impeded research and left patients without guidance. (1) Individuals, families, doctors and patients can and do make medical decisions - order supports that with better evidence. (2) Local communities can counsel and dispense under state programs. (3) States have proven they can handle medical regulation - 40 States plus D.C. already do. (4) No new federal regulatory takeover: direction to complete existing CSA rulemaking under 21 U.S.C. 811 and to work with Congress on hemp definition operates at minimum necessary federal level to remove federal impediment. Tenth Amendment respected.

Due process and takings · passes

No deprivation of life, liberty, or property, no criminal penalty, no seizure, and no taking under Fifth Amendment Takings Clause. Procedural due process under Fifth Amendment satisfied: rescheduling must proceed in accordance with Federal law including 21 U.S.C. 811, which requires scientific review, proposed rule, 43,000 public comments considered, and administrative law hearing. Substantive due process: action is non-arbitrary, grounded in FDA, HHS, and National Institute on Drug Abuse findings. No presumption of innocence issue.

Provenance

Grade ID
31
Rubric version
vfa-constitutional-grade/1.0
Graded
2026-10-08 00:38 UTC
Engine
primary SI engine
Source fetched
2026-10-03 23:00 UTC
Source SHA-256
e452df3815a7a1423ec1b36d9bdd975fc5036baaf102aedb622f60be17d549fc
Checks
si-editorial-standard/1.0: real Constitution citation, language rules

Version history · never overwritten

GradeGradedRubric Source hashStatus
A · #31 2026-10-08 vfa-constitutional-grade/1.0 e452df3815a7 current

Cite this

Values for America. “Constitutional grade: Executive Order 14370, Increasing Medical Marijuana and Cannabidiol Research.” VFA Constitution Index, grade 31 (rubric vfa-constitutional-grade/1.0), graded October 8, 2026. https://www.valuesforamerica.com/constitution-index/grades/31. Accessed 2026-10-19.

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