President Donald Trump has called on Senate Republicans to invoke the so-called ‘nuclear option’ to break the month-long government shutdown, a move that would eliminate the long-standing 60-vote filibuster rule and allow other legislation to pass by a simple majority.
The proposal, which has divided Republican lawmakers, could have far-reaching implications for the balance of power in Congress and for the future of US cannabis reform.
The shutdown, now entering its 34th day, is the second-longest in US history and has paralysed large parts of the federal government. Spending bills expired at the end of September after Democrats and Republicans failed to reach an agreement over healthcare funding and fiscal priorities.
On Friday, October 31, Trump wrote on Truth Social: “It is now time for the Republicans to play their ‘TRUMP CARD,’ and go for what is called the nuclear option — get rid of the filibuster, and get rid of it, NOW.”
Under current Senate rules, ending debate on a bill (known as cloture) requires a three-fifths supermajority. Invoking the ‘nuclear option’ would overturn that precedent by majority vote, setting a new standard that 51 votes are sufficient to move any bill to final passage.
Analysts have warned that if Senate leadership resorts to this approach to end the ongoing funding stalemate, it would permanently alter how Congress functions, weakening the minority party’s ability to block or amend legislation. Cannabis policy would likely be an early casualty.
According to Deb Tharp, a policy researcher and regular Business of Cannabis contributor, a simple-majority Senate would give the ruling party broad power to advance its legislative agenda without bipartisan support.
She argues that this could accelerate elements of Project 2025 (P25), a conservative policy framework promoted by the Heritage Foundation that favours strict federal enforcement and moral governance priorities.
“If the Senate goes nuclear, P25 rolls through unopposed by the minority,” Tharp said, noting that cannabis liberalisation would likely stall or reverse under such a scenario.
Even if Republican leadership opts not to trigger the procedural change, Tharp adds, limited protections for state-legal markets, such as appropriations riders preventing the Department of Justice from interfering with state-compliant cannabis businesses, could still survive within existing spending bills.
However, the broader legislative push for reform, including measures such as the SAFER Banking Act and potential rescheduling efforts, would likely lose momentum amid heightened political tension.
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Meanwhile, the hemp industry has already become an unlikely flashpoint in the shutdown debate.
Kentucky Senator Rand Paul has pledged to block any spending bills that include provisions banning hemp-derived THC products, saying such measures would ‘destroy the industry.’
His stance pits him against fellow Republicans Mitch McConnell and Andy Harris, who have proposed redefining hemp to exclude most THC-containing products.
Paul’s opposition underscores how cannabis and hemp policy are increasingly entangled in wider fiscal and procedural battles. If the filibuster falls, future majorities could reshape federal definitions of cannabis and hemp without bipartisan restraint.
Beyond the legislative implications, the shutdown is taking a growing toll on the economy. Air-traffic control shortages have delayed thousands of flights, and food-assistance programmes such as SNAP and WIC are nearing insolvency. Roughly 1.4 million federal workers remain unpaid.
