Last week President Trump – told reporters What his administration considered the opportunity to transfer marijuana and will be determined within the next few weeks. It was good to hear the update on this issue because everything stopped since Trump took office in January. Of course, the cannabis industry used to work in a suspended state; But losing the momentum is difficult.

I do not predict whether the marijuana will be reorienting on the III schedule, according to HHS’s recommendations And Biden’s plan, whether we get the worst or best result. Instead, I’m going to explain how it should work. There are four basic paths:

1. restore the process of delaying norms to accept the proposal of the last year by place marijuana in schedule III;
2. Start a new process of development of norms, presumably with the new proposed rule;
3. Hearing of the Novokny norms Jettison in general, and Doj simply publishes the final rule by placing marijuana on schedule III (or anywhere); or
4. Do nothing. Say: “We like marijuana where she is, science and The contracts will be cursed“

I will give some high -level thoughts about each of these paths below. However, one thing to apply to the beginning is often a re-fiction that Trump could simply re-re-decide marijuana through the executive order. He can’t. However, he could send the process, like Biden, when Biden issued an executive order 2022, sending HHS to revise marijuana control status. Essentially, Trump could say what he wanted to see, and this would probably happen, especially given the strict loyalty that DOJ showed.

Option 1: Restore Development Development process

Trump could manage Doj and Dea to restore A scary competition redevelopment of marijuana. There are several questions with this. For the first time, the application of the norms was configured from the route, to a large extent with the bad behavior of DEA. Secondly, the judge who oversees the process has retired, and Doj now holds the post that the judges of administrative law are unconstitutional. Third, this process, which is essentially a lawsuit, can pull further and further. If Trump’s administration decides what he wants marijuana somewhere except the schedule and I don’t think they will like it.

Option 2: Start a new process development process

Trump can send Doj to issue a new message proposed by placement of marijuana on III or some other schedule. Doj may claim that the previous process has been improved and/or spoiled, and lost any legitimacy veneer. This justification is likely to resist control, but I’m not sure it can be obtained from another circus involved, especially depending on the recent HHS recommendations. And again, Doj Trump is declining from administrative judges.

Option 3: No more hearings; straight to the final rule

I explained in the previous message that:

CSA “Welsh” General Prosecutor Has Powers “Schedule, Post or Deconerol” (21 USC 811 (A)). The Attorney General traditionally delegated this power to the DEA administrator (28 CFR 0.100). However, the Prosecutor General also retains the powers to plan drugs within CSA in “first instance” (28 USC 509. 510).

(Merick) Garlend had to do so. Instead – noted On the day when HHS made a recommendation to overpay. Garland’s decision is also excited Nest of the Horos of Tired Legal Arguments Around the delegation, whether Dea should be a fan here, etc.

If Trump’s administration decides to move marijuana, Doj must simply write the final rule. The marijuana can then go to the III schedule (either anywhere) within 30 or 60 days of publication. People could consider this rule confident. Considering the power of HHS, however, the clear authorized authority that stands for Doj seems like a heavy battle.

Option 4: Do nothing; marijuana stays on the schedule I

To me, this seems more likely than 1 or 2 options; and less likely than option 3. I say that with low confidence, remember you. I don’t know what’s going on behind the scenes.

If the Trump administration decides to leave marijuana where it is, then the ball returned to Congress. CSA leads to Congress the possibility of re -drug re -executives, of course, in parallel to the executive power. Congressman Greg Steb (R-FL) again filed his “Marijuana law from 1 to 3” Last weekIt will require the Prosecutor General to transfer marijuana to the III schedule within 60 days after passing. This is one potential bill.

If the Doj is not instructed to write the final rule, I would like Trump administration to demand Congress to take this and Congress to do it. As my colleague Jason AdeLston explained recently“Unlike the executive power, Congress can create a solid legal base for marijuana that protects the industry from regulation.”

As said Jake BarnesDon’t it think really?

Source: Blog Law Canna