For more than 50 years, cannabis has been categorized as a Schedule I drug with no accepted medical uses.
In October 2022, President Joe Biden ordered health and human services to study the most appropriate classification in which to place cannabis sativa, and to make a recommendation to the DEA for possible rescheduling or descheduling.
After 10 months of study at the end of August HHS made its recommendation, which is to place cannabis into Schedule III alongside moderate doses of codeine and ketamine. This contrasts with their long-held position that cannabis belonged in Schedule I alongside heroin.
Notably, fentanyl, cocaine and meth are Schedule II drugs.
This sounds like a big step in the right direction and has clear potential benefits to the cannabis industry but as usual the devil is in the details and it’s far from a done deal.
The DEA had rejected every effort to reschedule cannabis for a long time. It has repeatedly stated that there are no known medical uses for cannabis, thus its firm position.
Clearly, in 2023, we are beyond that argument. We have medical marijuana laws in almost 40 states and many people have used cannabis treatments to heal from a wide variety of ailments. Sativex and Epidiolex have already been approved as treatments.
So, what’s the big deal?
For cannabis businesses already in operation, they will benefit by receiving fair tax treatment. No longer will expenses associated with the sale of a Schedule I substance be denied based on IRS code 280e. This could prove to be a strong tailwind for cannabis companies in operation.
For some time, the SAFE Banking Act has sought to give state legal cannabis operators access to banking for use of operating accounts and for access to business loans. While this rescheduling petition is not a direct path to banking, it may make Congress’ job of approving such a change more palatable and a favorable result more likely.
The industry as we know it could be at risk because the state legal dispensary model is different in every state’s market. Some state regulations may not provide those licensees with continued legal protections.
This could end up being a handoff of medical cannabis to the pharmaceutical industry, which favors plant extracts as opposed to raw plant material.
For these reasons pro cannabis lobbyists and activists mostly prefer a scheme consisting of the descheduling of cannabis and for the plant to be regulated in a manner similar to alcohol. This would allow each state to set its own rules, with many favoring a three-stage regulation consisting of producers, distributors and retailers.
Human rights activists say legalization without repatriations to those harmed most by several generations of corrupt cannabis policy is not satisfactory. They want minorities and the marginalized populations most affected by cannabis policy to be compensated, and for their legal records to be expunged.
In my mind, the most important questions surround the nonsensical, corrupt, heavy-handed regulation that has been allowed to go on for far too long and seemingly unapologetic potential reversal of policy. It makes me wonder what else we accept at face value from our government that might wisely be questioned or revamped.
Despite the hype, this HHS recommendation is far from the final word on the subject. The DEA has its own administrative process and has denied similar petitions many times.
For decades, there was only one research university in Mississippi that was permitted to grow research medicine. It became adept at growing very poor-quality cannabis. It had no access to modern genetics and its methods were suspect. The product that was produced under this program was significantly different in nature and chemical composition to the high-quality cannabis available in the many state markets.
We will see what the DEA decides to do. If the change is made as recommended, we will see how it affects important business and personal issues alike. Will the existing cannabis operators flourish? Will the pharmaceutical industry take over the market for medically focused cannabis products? Will patients enjoy the same safe legal access to the products they need that they currently enjoy?
It may take some time. DEA has a history of sitting on things for long periods of time.
In the meantime, join us and see what all the hype is about. Perhaps you can find benefit from lady cannabis’ charms and weigh in with your opinion of these current cannabis-related administrative process.
This article appears in Sep 14-20, 2023.
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Of course the DEA wont give up their cash cow unbudgeted monies with no way to follow.
Yea every stoner is going to grab that and call it reality a good step. It is a raping and fleecing to the max. I believe a crime against humanity and civil responsibility,bottom feeder with a tax right. So far I know of 3 raises to the probation officers from the legalization.
Arrested for getting into the cultural realities and profiting off it this is a right step.
Then we can hire authority with rights of homicide if not followed or we can counsel or incarcerate and now we have the monies to do it but wait,if these increases in monies none of it will be accountable to the populace. Let prisoners buy what they are paying for.
Get to history FDR grandfather was a opium broker. After WW2 FDR brought in Alvin Dulles with the OSS, Truman put him in charge of the CIA. Then took over the Heroin market to pay for clandestine operation up to Nixon he stopped it when he stopped the syphilis and LSD experiments on Tuskegee Blacks. (Kennedy and Johnson) both approved these to continue during their administrations.
In 1972 Biden’s first term 1972 as a junior Senator to the “Foreign Relations Committee” This is where he was instrumental in Iran Contra plus”Caro Quintero”
I will help with guns to Contras if you transport my my pot. When Reagan appointed a drug Czar “William Bennett” a out of the swamp stumbled on it they tortured then killed a DEA agent to find the leak.
And now we Have Vanguard thru shell companies buy NORML fund MPP to push for legalization. Why because search and confiscate has taken to much, killed so many incomes families futures and look at the results. Bidens 94 crime bill was the blueprint of this.
I recall buying pot out of sheriff cars on the reservation then that under sheriff Burr time was caught flying 450 lbs to Minnesota in a confiscated plane.
The problem with marijuana is our intelligence, police, court, all taking huge profits for basically doing nothing but cash administration. And running illegal clandestine operations and in foreign countries. Toke up your buying missiles for Ukraine
Tell me AAri what knowledge has been learned about drug paths, what community is thriving from legalization. They only one I can think is civil service.
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The DEA and the ATF should be reorganized to deal with the illegal drug cartels (both the pharmaceutical industry and the narco traffickers) by eliminating the DEA and their 2 billion dollar budget and making the ATF into Alcohol, Tobacco and Cannabis with regulations for 18 years and up. If you can vote at 18 (Law was established in 1971), you should be able to drink alcohol, use tobacco products and consume cannabis and be a responsible adult. Taking Marijuana out of Schedule I is a first step and very welcome to eliminate the barriers currently where your doctor can not give you a prescription for medical marijuana. Having to pay $150 for a recommendation to use medical marijuana is expensive, thus people are just going to purchase recreational marijuana that has excessive taxes (25% when you add up the local, state, federal). The medical marijuana is 9% taxes and that should be 0 taxes since it’s medicine. All in good time and the Medical Marijuana dispensaries that are all making very good money should be on the forefront of educating the politicians about the efficacy of this medicine and Big Pharma can try all they want to make it like their other overpriced drugs and it will be a big fail. Hemp has been around since the Egyptians used it in their sacraments and if a plant is called a “weed” you can’t eliminate it no matter how much you try.