He told congress to relook at the hemp ban
Here we gooooooooo
He says the stuff about hemp at around 3:40 in this video
How is this gooing to affect the market ?
They now have to classify every analog once it hits schedule 3 as the analog act won’t cover optical isomers like d8, d10, and such.
Itll be a few years before it hits schedule 3 though all the court cases people file to fight it must be taken care of for it to proceed
Not much
Shame that its not immediately in effect. This really will take years @Kingofthekush420 ? This includes the idiots that will appeal with lawsuits by saying deschedule or nothing at all? Descheduling would be great, but why block people who could finally get medical use across all 50 states just so that marijuana could end up being regulated by an ATF like organization instead of being at least allowed for medical use while we also work towards descheduling at a later date
Every state that doesnt have rec or MMJ just follows the federal controlled substances act for their guidelines for substance laws.
This would mean in states where its not a medically legal option each of those states would need to continue to not follow federal law in the reverse direction and explicitly ban medical use even though federally now its going to have medical applications which I doubt many states would do this (as in i doubt many states would go against CSA by banning use of a newly rescheduled substance at the state level against federal guidelines, the only way it has ever been broken is by allowing use against federal substance abuse guidelines)
SHHHHH!!! Let’s let them miss it (they’re really good at that
).
for reals !!!
The executive order included expediting the process to where it could be complete in 3-6 months. DEA has to make the final ruling and already has many conclusions filled out by HHS (with some remaining). Once the DEA finalizes the rule it goes into effect 30-60 days after filing the final rule in the federal register
Doesnt matter all court challenger will have to be take care of first and theres a bunch of people suing over the legality of this
In August 2023 the recommendation came from the dea and nothing has happened so that’s proof that the court cases will take a while
The dea alone has the power to move scheduled drugs around based on fda finding, if its as simple as you make it sound why are we almost 2.5 years in with nothing?
Court challenges over the legality
Schedule III substances are defined as those with currently accepted medical use and with less potential for physical and psychological dependence than Schedule II drugs.
Rescheduling marijuana to Schedule III would:
• Remove the applicability of section 280E of the federal tax code, allowing marijuana businesses to deduct all standard business expenses in accordance with federal law, even if the Schedule III marijuana product is not a U.S. Food and Drug Administration (FDA) approved drug.
• Potentially make it easier to obtain and maintain a U.S. Drug Enforcement Administration (DEA) registration as a Schedule III research facility to research marijuana.
Rescheduling marijuana would not:
• Change the federal status of state-regulated markets, which would remain non-compliant with U.S.
federal law.
• Allow marijuana products that are not FDA-approved drugs to be prescribed by a doctor for a medical condition.
• Legalize interstate commerce. Interstate commerce of Schedule III drugs requires approval from the FDA,
and necessary approvals and licenses under the Controlled Substances Act, as issued by DEA.
• Allow for the use of real-world cannabis products in human research, unless they meet FDA requirements
for safety and quality through an Investigational New Drug (IND) Application.
• Change existing industry guidance from the Financial Crimes Enforcement Network (FinCEN), unless new guidance is released by the U.S. Department of Treasury.
• Change federal drug testing requirements, unless otherwise specified by appropriate federal agencies.
• Change criminal penalties for individuals found to be trafficking marijuana.
I’m hoping state plans will just ignore the schedule III just like they ignored the schedule I. They certainly would lose a very large revenue source if they just let the plans drop and try actually following the schedule III rules.
The most interesting part of this is the framing.
In addition to medical marijuana, which is primarily made up of two cannabinoids — cannabidiol (CBD) and tetrahydracannabinol (THC) — hemp-derived cannabinoid products, defined by section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o), have shown potential to improve patient symptoms for common ailments and are frequently used by Americans. One in 5 United States adults and nearly 15 percent of seniors reported using CBD in the past year, and chronic pain patients have reported improvements with CBD use in clinical studies. Furthermore, evidence suggests that the amount of THC in hemp-derived cannabinoid products can affect both pain treatment efficacy and adverse events. Hemp-derived cannabinoids, as defined in 7 U.S.C. 1639o, are not controlled substances under the CSA but are subject to the same authorities and requirements as FDA-regulated products containing any other substance. Adding complexity is the fact that some full-spectrum CBD products will once again be controlled as marijuana under the CSA when section 781 of Public Law 119-37 goes into effect because they contain THC levels above the per-container threshold set by that law. Further, a recent study found that some commercially available CBD products evaluated were inaccurately labeled regarding CBD isolate, broad-spectrum, or full-spectrum composition, posing safety risks for consumers. In short, the current legal landscape leaves American patients and doctors without adequate guidance or product safeguards for CBD.
It is the policy of my Administration to increase medical marijuana and CBD research to better inform patients and doctors. It is critical to close the gap between current medical marijuana and CBD use and medical knowledge of risks and benefits, including for specific populations and conditions.
There will continue to be two markets. With the framing around Hemp CBD and minors, it is foreseeable that the hemp market keeps going and moves toward schedule 3 and the state markets stay the same. The state markets will get 280e relief, which is good. The big question is can they figure this out before the hemp ban goes into effect in 2026.
I honestly think getting the hemp ban overturned is a winnable battle, I like what the Oregon reps introduced 50 mg thc limit per package and 5 mg per serving. I think if we can get metrc integrated into hemp for track and trace that’ll help a lot of our reps be more comfortable with it since it seems most are concerned with the lack of regulations
Big pharma is coming for the state rec programs, you really think theyre not going to challenge the legality of non fda approved producers selling a schedule 3?
They have a ton of money to fight this legacy growers dont
I don’t expect legacy growers to challenge anything, i’m wondering if the state governments will be willing to give up the tax revenues without a fight. In Oregon for instance the department of revenue takes 20% of the whole market’s income. That’s not negligible and if it was all treated as schedule III regulated federally they’d lose that completely.
Non FDA approved producers selling a schedule III isn’t any more illegal than it was for them to be selling a schedule I, it was illegal either way. It’s just a matter of what kind of fights they’re willing to pick and what kind of pushback they receive in turn. Nothing was every legal about the state programs, the feds just chose the expedient of allowing them to go forward.
Hope you all are celebrating ![]()
Ho Ho Ho!
Nothing better than a little Christmas relaxing of federal penalties for a plant!
I just need a little research license…which pot size grows a higher potency marijuana? 100 gallon or 200 gallon? We definitely need to do about a dozen of each. that’ll be enough research.