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How Likely is Cannabis Rescheduling, Now?

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how likely is cannabis rescheduling

The potential rescheduling of cannabis to Schedule III has been met with a mix of celebration and skepticism within the industry. While many view this as a significant step forward, I find myself in the camp of cautious observers. As someone who has closely followed and written about cannabis policy, I’ve long maintained that Schedule III is less about progress and more about creating a sweet spot for Big Pharma to dominate the cannabis market, leaving smaller players and consumers at a disadvantage.

However, the path to rescheduling is far from clear-cut. Depending on who you ask, you’ll hear vastly different predictions about the likelihood and timeline of this potential shift. The waters are murky, with legal experts, industry insiders, and politicians all weighing in with their own perspectives and agendas.

In this article, we’ll dive deep into the opinions of various stakeholders. We’ll examine the insights shared by legal experts at a recent conference in Chicago, who emphasized the uncertainty surrounding the rescheduling process. Their cautious approach stands in contrast to the more optimistic outlook of a prominent cannabis businessman with significant skin in the game.

By presenting these diverse viewpoints, my aim is not to push a particular narrative, but to provide you with a comprehensive overview of the current landscape. I invite you to consider the evidence, weigh the arguments, and form your own conclusions about the likelihood and potential impacts of cannabis rescheduling.

As we navigate through these expert opinions, keep in mind that the cannabis industry is no stranger to unexpected turns and political maneuvering. What seems certain today may shift dramatically tomorrow. So, let’s embark on this exploration of the complex and often contradictory world of cannabis policy reform, and see what insights we can glean about the potential future of marijuana’s legal status in the United States.

 

The International Cannabis Bar Association recently convened in Chicago, bringing together a cadre of legal experts to discuss the intricacies of cannabis law and policy. Among the hot topics at this gathering was the potential rescheduling of cannabis to Schedule III, a move that could dramatically reshape the industry landscape.

Kelly Fair, a San Francisco-based cannabis attorney, set the tone for the discussions, emphasizing the prevailing uncertainty: “We don’t know what’s going to happen. The only thing we’re certain about today is that we’re uncertain about what’s going to happen.” This sentiment echoed throughout the conference, with experts grappling with the complexities of the rescheduling process and its potential outcomes.

While some experts entertained the possibility of swift action, most remained cautious about the timeline. Fair suggested that in a best-case scenario, “there’s a final rule that gets announced in August.” However, this optimistic view was tempered by Robert Tobiassen, president of the National Association of Beverage Importers, who called such a six-month timeframe “unbelievably ambitious.”

The legal experts identified several potential hurdles that could impede the path to Schedule III:

  1. Political Uncertainty: The looming presidential election adds a layer of complexity. As Michael Joseph Heaton, a cannabis attorney and lobbyist, pointed out, “A Harris-whoever administration… would probably be, I think, more aggressive than the current Biden administration” in supporting federal cannabis reform. Conversely, “a Trump-Vance administration, where we probably will see most of this go away.”

  2. Administrative Processes: The DEA has nearly 43,000 public comments to digest before proceeding, which could significantly slow the process.

  3. Potential Legal Challenges: Cannabis opponents, such as Smart Approaches to Marijuana (SAM), have promised to attempt to block rescheduling through legal action.

  4. Congressional Interference: Heaton highlighted attempts by Republican opponents to use backdoor methods through Congressional appropriations to halt rescheduling, including introducing amendments to withhold funding for the move.

  5. International Treaty Obligations: The experts noted that U.S. obligations under international treaties could impact the final rule.

Despite these challenges, there seemed to be a cautious consensus among the legal experts that rescheduling to Schedule III is more likely than not to occur. However, the timeline remains a point of contention. While some optimistically pointed to the possibility of a final rule by August, most experts viewed this as highly ambitious.

Tobiassen refused to speculate on specific timing, emphasizing the multitude of unknowns in play. He suggested that the outcome of the November election could significantly impact the process, potentially leading to either accelerated reform or a complete reversal of progress.

Overall, the legal experts at the Chicago conference painted a picture of a complex, uncertain process with high stakes for the cannabis industry. While they generally believed that rescheduling to Schedule III is on the horizon, they stressed that the path forward is far from straightforward. They urged industry stakeholders to remain vigilant and engaged in the political process, as the coming months and years could bring significant changes to the federal status of cannabis.

 

While legal experts express caution, Jason Vedadi, CEO of Story Cannabis, offers a more bullish perspective on cannabis rescheduling. Vedadi is no newcomer to the industry; he’s a real estate developer and cannabis industry pioneer who served as executive chairman of Harvest Health and Recreation. He took Harvest Health public in 2018 and was its largest shareholder until the company was acquired in a $2.1-billion deal with Trulieve in 2021.

Vedadi’s optimism about rescheduling is palpable. “I understand why people are completely skeptical and that they think the rug’s going to get pulled out from underneath them,” he acknowledges. “I also can relate to that kind of mentality in this industry, but if you ask me where my true gut instinct is on this, this is kind of a done deal.”

His confidence stems from the process itself. Vedadi points out that the rescheduling initiative has been ongoing since 2022 and has progressed exactly as expected. This consistency in the process fuels his belief that rescheduling is more than just a possibility—it’s a near certainty.

However, Vedadi isn’t blind to the potential risks. He acknowledges that if rescheduling isn’t completed before the end of Biden’s term, particularly if Democrats lose the White House, there’s an element of uncertainty. “If Democrats are reelected, then I would say there’s zero risk to Schedule III. If Republicans are elected, it adds an element of risk and, I think, some discomfort for people,” Vedadi explains.

The ideal scenario, according to Vedadi, would be for rescheduling to occur before the November elections. This would eliminate the risk of a potential Republican administration halting or reversing the process. However, he also notes that even during the Trump administration, there wasn’t active opposition to state-level cannabis reforms: “If you go back to Trump, he didn’t do anything for four years. He didn’t stop anything. He didn’t prosecute anybody. He didn’t push any agenda.”

Despite his optimism, Vedadi recognizes that completing the rescheduling process before November is unlikely. The DEA still has to review over 43,000 public comments, and there’s potential for administrative law hearings or legal challenges that could extend the timeline.

This delay in the process lends credence to the theory that the push for Schedule III rescheduling is, at least in part, a political maneuver. By keeping the issue alive through the election cycle, Democrats can position themselves as progressive on cannabis reform, potentially swaying voters who prioritize this issue.

Vedadi doesn’t directly address this political angle, focusing instead on the business implications of rescheduling. He emphasizes that for EBITDA-positive companies, rescheduling “changes everything,” potentially providing more cash flow, growth capital, and improved relationships with lenders.

While Vedadi’s optimism provides a counterpoint to the cautiousness of legal experts, it’s clear that the path to Schedule III is not without its hurdles. Whether his confidence is well-founded or overly optimistic remains to be seen as the rescheduling process continues to unfold in the coming months.

Despite the optimism of industry insiders and the cautious analysis of legal experts, the truth remains that nobody can predict with certainty how the cannabis rescheduling saga will unfold. My gut feeling, however, is that Schedule III may be a pipe dream—or if achieved, it could be short-lived.

A significant hurdle emerged with the recent rescinding of the Chevron Doctrine by the Supreme Court. This doctrine, which previously gave federal agencies like the DEA broad authority to interpret ambiguous statutes, has been overturned. Its absence opens the door for anti-cannabis groups to wage legal battles against rescheduling, potentially tying up the process in courts for years.

Moreover, with the November elections looming and Trump’s popularity seemingly unscathed—or even boosted—by recent legal challenges, the political landscape remains unpredictable. This uncertainty makes it increasingly likely that cannabis will remain in a state of limbo, caught between progressive promises and conservative resistance.

But here’s the crux of the matter: Schedule III is not what the cannabis community truly desires. It’s a half-measure, a “bread and circuses” approach that fails to address the core issues. What we really want—and need—is full deregulation. We want the freedom to grow our own plants, to have access to this plant without government interference or corporate monopolization.

The push for Schedule III feels like a political ploy, a way for politicians to appear progressive on cannabis without truly committing to comprehensive reform. It’s a compromise that ultimately serves neither the industry nor the consumers effectively.

So, regardless of whether cannabis ends up in Schedule III or remains in its current classification, our focus should remain unwavering. We must continue to push for full decriminalization and legalization. We should advocate for policies that allow home cultivation and remove government oversight from personal cannabis use.

The sticky bottom line is this: don’t be distracted by the promise of incremental change. Keep your eyes on the prize—complete cannabis freedom. Anything less is just smoke and mirrors in the grand scheme of drug policy reform.

 

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Wait, Can TSA Now Stop You for Cannabis in Your Luggage?

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Can TSA stop you if you have weed in your bag?

With the election over and Republicans getting a clean sweep across much of the board in America, is it safe to travel on an airplane with weed, now? Traveling with cannabis can be a daunting experience, especially given the complex web of state and federal laws governing its use and possession. As more states legalize marijuana for recreational and medicinal purposes, many travelers find themselves asking: **Can the Transportation Security Administration (TSA) stop you for cannabis in your luggage?** This comprehensive guide will explore TSA policies regarding cannabis, the implications of federal law, and practical advice for travelers to navigate this evolving landscape.

 

The Legal Landscape of Cannabis in the United States

 

 Federal Law

 

At the federal level, cannabis is classified as a Schedule I substance under the Controlled Substances Act. This classification indicates that marijuana is considered to have a high potential for abuse and no accepted medical use. Consequently, possession, distribution, or cultivation of marijuana remains illegal across the United States, regardless of state laws.

 

In December 2018, the U.S. Congress passed the **Farm Bill**, which legalized hemp-derived products containing less than 0.3% THC (the psychoactive component of cannabis). This legislation opened the door for the legal sale and transportation of certain hemp-derived products, such as CBD oil. However, it did not change the legal status of marijuana itself.

 

State Laws

 

In contrast to federal law, many states have enacted their own laws regarding cannabis use. As of now, over 30 states have legalized marijuana for medical use, and several have also legalized it for recreational use. Each state has its own regulations governing possession limits, usage locations, and age restrictions. Here are some key points to consider:

 

  • Recreational Use: States like California, Colorado, and Oregon allow adults over 21 to possess and use cannabis legally.

  • Medical Use: Many states require patients to obtain a medical marijuana card to access cannabis products legally.

  • Decriminalization: Some states have decriminalized possession of small amounts of cannabis, meaning that while it remains illegal, penalties are reduced.

 

The Patchwork of State Laws

 

The disparity between state and federal laws creates a patchwork legal environment that can be confusing for travelers. For instance:

 

  • A traveler may legally purchase cannabis in California but face legal repercussions if they attempt to bring it into a state where it remains illegal.

  • Even in states where cannabis is legal, local jurisdictions may impose additional restrictions or penalties.

 

TSA Policies Regarding Cannabis

 

TSA’s Primary Mission

 

The primary mission of the TSA is to ensure the safety and security of air travel. Their focus is on preventing dangerous items from being brought onto airplanes—such as weapons or explosives—rather than enforcing drug laws. This means that while TSA officers may encounter cannabis during security screenings, they are not actively searching for it.

 

 What Happens If TSA Finds Cannabis?

If TSA officers discover cannabis during a security screening, they follow specific protocols:

 

1. Confiscation: The TSA will typically confiscate any cannabis products found in your luggage.

2. Notification of Law Enforcement: TSA officers may notify local law enforcement if they find marijuana in your luggage. What happens next depends on local laws regarding cannabis possession.

 

The Role of Local Law Enforcement

When local law enforcement gets involved after TSA confiscates cannabis:

 

  • Legal Consequences: Depending on the amount found and local laws, you may face fines or other penalties.

  • Discretionary Enforcement: In some areas where cannabis is legal or decriminalized, law enforcement may choose not to pursue charges against individuals found with small amounts.

 

 What You Can Bring: Understanding Limits

 

Under the 2018 Farm Bill, hemp-derived products containing less than 0.3% THC are legal federally. This means that items such as CBD oil made from hemp can be transported legally through airports. However, it’s essential to carry documentation proving that the product contains less than 0.3% THC to avoid issues at security checkpoints.

 

Tips for Traveling with Hemp-Derived Products

 

1. Documentation: Always carry a certificate of analysis (COA) from a reputable lab showing that your product meets federal guidelines.

2. Proper Packaging: Keep hemp-derived products in their original packaging to avoid any confusion during security checks.

3. Know Your Product: Be aware of the THC content in your product; if it exceeds 0.3%, it could be considered illegal under federal law.

 

 Medical Marijuana

If you are traveling with medical marijuana, understanding both your departure and arrival states’ laws is crucial:

 

1. Check Local Laws: Some states allow medical marijuana patients to carry their medication across state lines; others do not.

2. Documentation: Always carry your medical marijuana card and any prescriptions to avoid complications at security checkpoints.

 

 Considerations for Medical Marijuana Users

 

  • Quantity Limits: Be aware of how much medical marijuana you are allowed to carry according to your home state’s regulations.

  • State Reciprocity: Some states recognize out-of-state medical marijuana cards; check if your destination state has this provision.

  • Traveling by Air: If flying from a legal state to another legal state but through a non-legal state, consider alternative routes or transportation methods.

 

Navigating Airports with Cannabis

 

Security Screening Procedures

When you arrive at an airport with cannabis or hemp-derived products:

1. Prepare for Screening: Place all items in your carry-on bag for easier inspection.

2. Be Honest: If questioned by TSA officers about any items in your bag, be honest about what you’re carrying.

3. Stay Calm: If TSA finds cannabis during screening, remain calm and cooperative; panicking can escalate the situation unnecessarily.

 

 Airport Policies on Cannabis

 

While TSA is responsible for security screenings, individual airports may have their own policies regarding cannabis:

  • Some airports in legal states have designated areas where travelers can consume cannabis legally before boarding their flights.

  • Other airports may have strict policies against any form of cannabis possession due to local laws.

 

Tips for Travelers

To ensure a smooth travel experience when it comes to cannabis, consider these tips:

 

 

1. Know Your Destination’s Laws: Research both your departure and arrival locations’ laws regarding cannabis possession and use.

2. Local Regulations: Understand any local regulations that may differ from state laws; some cities have stricter rules than their respective states.

 

If possible, refrain from bringing cannabis on your travels altogether:

 

  • Purchase it legally at your destination if allowed.

  • Consider using delivery services available in some legal states that can bring products directly to your accommodation.

 

 

If you must travel with cannabis or hemp-derived products:

 

1. Keep It Discreetly Packed: Store products discreetly within your luggage to avoid drawing attention during screenings.

2. Stay Within Legal Limits: Adhere strictly to possession limits set by both your home state and destination state.

 

 Understand Risks Involved

 

Be aware that even if you are traveling from a legal state to another legal state:

 

1. Federal Law Applies in Airports: Federal law governs airports; possessing marijuana can lead to serious consequences regardless of state legality.

2. Potential Legal Issues: Be prepared for potential legal issues if stopped by law enforcement.

 

 Real-Life Scenarios and Experiences

 

Understanding how TSA policies play out in real-life scenarios can provide valuable insights for travelers:

 

Scenario 1: Traveling from California to Colorado

 

A traveler leaves California (a legal state) with an ounce of recreational marijuana intended for personal use while visiting Colorado (another legal state). At LAX airport security.

The traveler places their bag on the conveyor belt without any concern since both states allow recreational use. TSA discovers the marijuana during screening; they confiscate it but do not involve law enforcement due to California’s legalization status.

In this case, although both states allow recreational use, the traveler faced no penalties because they were compliant with California’s regulations when departing.

 

 Scenario 2: Traveling from New York to Texas

 

A medical marijuana patient travels from New York (where medical use is permitted) to Texas (where possession remains illegal). The patient carries their prescribed quantity along with documentation  Upon arriving at an airport in Texas, TSA discovers the medical marijuana during screening. Local authorities are notified due to Texas’s strict laws against possession; the traveler faces potential charges despite having valid documentation from New York.

This scenario illustrates how traveling between states with differing laws can lead to serious consequences despite having valid medical documentation.

 

Conclusion

 TSA does not actively seek out cannabis during security screenings, they will confiscate any found and may report it to local authorities. The legality of traveling with cannabis depends heavily on state laws and federal regulations making it essential for travelers to stay informed about both sets of rules before embarking on their journey.

By understanding these guidelines and taking proactive steps such as researching destination laws and considering alternative options travelers can navigate their travel plans confidently and minimize risks associated with carrying cannabis through airports. As societal attitudes toward cannabis continue to evolve alongside changing legislation across various jurisdictions, staying informed will remain crucial for anyone looking to travel with this increasingly popular substance safely and legally.

 

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Why Weed is the Best Thing That’s Happened to Endometrosis Patients in the Last 50 Years

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Endometriosis is one of the most pain conditions affecting women worldwide.

When endometriosis occurs, the endometrial tissue which normally grows inside the uterus, grows outside of it. As a result, it can attach itself to other reproductive organs in the area. In extreme cases, endometriosis can reach far beyond the reproductive area and cause serious pain and damage. The symptoms of endometriosis include sharp period pains, fatigue, pain during sex, infertility, heavy periods, and much more.

 

According to the World Health Organization, around 10% of women who are in reproductive age, have endometriosis. Unfortunately, there is no known cure, though several protocols can be integrated into a patient’s lifestyle to mitigate or reduce symptoms. Some common medications used for reducing the symptoms of endometriosis include birth control pills, hormonal injections, patches, and intra-uterine devices (IUD), to name a few. However, these may affect a woman’s chances of getting pregnant, or make infertility even worse since endometriosis can also affect fertility.


Thankfully, more women are finding success with lifestyle changes and integrating natural treatments to treat endometriosis. Along with regular exercise, weight loss among overweight women, and healthy habits, cannabis has been shown to be helpful treating this dreaded disease.


What Studies Are Saying

 

There are more studies than ever, too, proving the efficacy and benefits of cannabis for women suffering from endometriosis. In a recent study out of Germany, researchers analyzed survey data from more than 900 endometriosis patients to determine how, if any, the symptoms are impacted by cannabis.


A significant percentage of the 900 respondents acknowledged using marijuana, and most of them said that it was beneficial in helping with symptoms. “Seventeen percent of the respondents used cannabis flower strains or cannabis-related products as a self-management method,” said the researchers. “Cannabis was rated as the most effective self-management strategy to reduce symptom intensity (self-rated efficacy 7.6 out of 10). Additionally, ~90 percent of the participants were able to decrease the pain medication intake,” explained the researchers. They also noted that the participants observed the most significant benefits from cannabis in their sleep, menstrual pain, and non-cyclic pain in that order. Because of this, it’s become clear that cannabis can greatly help improve quality of life in these areas, which are otherwise affected by symptoms of endometriosis.  

 

It’s important to note that the investigators also acknowledge that existing studies on cannabis for endometriosis is limited, yet there is an increasing quantity of studies pointing to a growing trend of women self-medicating with cannabis for this condition, and seeing success!


“The use of cannabis has a significant impact on the overall well-being and quality of life of women with endometriosis,” they concluded. “The study indicates that there is a significant interest and demand for additional therapeutic options, and cannabis can potentially become an important part of a multimodal therapy approach for treating endometriosis,” said the study.

 

Another study from Australia, whose results were published earlier this year, found similar results. The data, which was published in the journal, Obstetrics and Gynecology, were taken from 192 women who were polled by Australian researchers regarding their history of marijuana consumption and endometriosis symptoms.

 

According to the findings, 63% of the poll respondents were given doctor’s authorization letters for using cannabis-based medications. In Australia, physicians are legally allowed to recommend cannabis use for patients who have had no luck treating specific conditions using conventional prescription drugs. In the study, most women were using THC-dominant marijuana products and they reported improvements when it came to sleep, pain, nausea, and anxiety.


“This study found that THC-predominant CBMPs [cannabis-based medicinal products] are commonly prescribed to Australians with endometriosis,” said the authors. “Given major issues with symptom management and the self-reported reductions in pain and other symptoms, improving access to medicinal cannabis for this population is important and timely,” they said.

 

Why Cannabis Works So Well For Endometriosis


These studies and tons of anecdotal evidence available on the internet show that cannabis is indeed safe and effective for treating endometriosis. After all, cannabis interacts with the endocannabinoid system (ECS), which plays an important role in helping us regulate pain, inflammation, and our immune response – all of which are impacted by endometriosis.

 

While there are many symptoms that cannabis can help with, one of its greatest successes has been in reducing pain. Women have found success using both high-CBD and high-THC products to reduce the severe pain that accompanies endometriosis. Likewise, the pain, discomfort, and cramping can make it difficult to get some decent sleep; marijuana can help with that too!

 

In addition, marijuana can help women’s bodies balance out hormones, since the endocannabinoid system also plays a role in hormone regulation.

 

Furthermore, women can choose from a variety of products to help treat endometriosis. While smoking or vaping is always a popular choice, there ae also edibles, topical creams, oils, beverages, and tinctures.

 

Conclusion


When looking to treat endometriosis, remember that there is no miracle cure out there. Marijuana certainly helps, but it’s not a one-size fits-all approach. Please remember to consult with a medical professional, and keep in mind that you will always have the best results if you also address other lifestyle factors as mentioned earlier.

Maintaining a healthy weight, avoiding processed and sugary food, and regular exercise are all key factors to mitigating the symptoms of endometriosis. Add cannabis to the mix, and you can now look forward to regaining a better quality of life.

 

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Amendment 3: Florida Legalization Fails

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Amendment 3, which would have legalized recreational marijuana for adults in Florida, garnered 55.8% of the vote, falling short of the 60% threshold needed to pass. While the initiative had the support of President-elect Trump, the opposing forces led by Florida Governor Ron DeSantis carried the day. Supporters may draw some comfort from the fact that a clear majority of voters supported legalization, but the fact remains that adult-use cannabis will remain illegal in the Sunshine State for the foreseeable future.

Leaving aside the fact that getting 60% of voters to agree on anything these days appears to be a tall order, Amendment 3 faced active opposition from Florida’s leadership. While themselves driven by a fundamental dislike of cannabis, Gov. DeSantis and his team deftly tapped into concerns that came from different places altogether, such as the lack of provisions for home grow and related concerns over the entrenchment of “Big Weed”.

Looking at the big picture, it is remarkable to see how much Floridians’ attitudes toward cannabis have changed in the past decade. Back in 2014, it was a medical cannabis initiative that fell short of the 60% supermajority requirement. Ten years on, a legal medical marijuana industry is well established in Florida.

Despite the progress, the experience with Amendment 3 suggests that further reliance on the initiative process is not the path forward for legalization advocates. Just getting the proposed amendment on the ballot required overcoming legal challenges from the state government, before addressing the challenge of seeking 60% of votes in the nation’s third-most populated state.

A more sensible approach might be to focus on the fact that legalization is already supported by a majority of Florida voters. For elected officials in large swathes of the state, support for legalization could be a boon. And the fact that concerns over Big Weed control helped defeat opposition to Amendment 3 presents a political opportunity, not for those who double-down on prohibition, but for those who refine approaches to legalization.

We’ll discuss the Florida result on Thursday in a free webinar (register here), along with the disappointing results in North Dakota and South Dakota, the win (for now) in Nebraska, and a few other state and local measures on cannabis regulation. Hope to see you soon.



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