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Rescheduling Is Not Legalization – Problems That Could Pop-Up Even if the DEA Moves Cannabis to a Schedule 3 Drug

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From fervent anti-drug crusader to disconnected senior statesman to the unlikely champion of the regulated marijuana trade, President Joe Biden’s public journey might still hold surprises.

 

A year after instigating the most substantial shift in federal marijuana policy since 1970, the very politician whose stance as a U.S. senator fueled the drug war’s intensity has, as president, established the foundation for a reliable and enduring legal marijuana sector.

 

“Regardless of your opinion of him,” remarked Andrew Kline, senior counsel at the national law firm Perkins Coie in Denver, “this industry owes him some recognition.”

How It All Began

Drug reform advocates weren’t optimistic about the Biden administration. As a senator with a tough stance on law and order, Biden faced mockery during the 2020 campaign for resisting the shift in public attitudes toward drug use. However, his October 2022 acknowledgment that five decades of federal marijuana prohibition had been a “failed approach” marked the most pro-reform stance taken by a sitting president.

 

Following Biden’s executive order instructing federal health regulators to reassess the nation’s marijuana regulations swiftly, the climax occurred on August 29 with a recommendation from the U.S. Department of Health and Human Services (HHS).

 

The proposal advocated for reclassifying the drug as a Schedule 3 controlled substance. Notably, this recommendation signifies the federal government’s inaugural recognition of marijuana’s medicinal value.

 

Legal analysts argue that the U.S. Drug Enforcement Administration (DEA) is compelled to formalize the recommendation, providing instant relief to cannabis operators and exempting them from Section 280E of the IRS code. Section 280E prohibits plant-touching businesses from claiming standard business deductions on federal tax returns.

 

The swift emergence of this recommendation, within a year of the review’s initiation, strongly signals the White House’s genuine commitment to drug policy reform. Observers suggest that a potential second Biden term could potentially lean towards facilitating interstate marijuana commerce and pursuing federal legalization.

 

Current Progress

By mid-October, the DEA was evaluating the recommendation, marking the final step before the agency proposed a change to federal law. However, this hurdle now appears more like a mere formality.

 

The Congressional Research Service think tank’s analysis indicates that historically, the DEA has refrained from contradicting health regulators’ recommendations on science and health, potentially due to a lack of authority. Consequently, there is a strong likelihood that the DEA will endorse the HHS’ recommendation and introduce a proposed rule change.

 

Predictions align with a potential announcement by the end of the year, a timeline anticipated by Howard Sklamberg, a former high-ranking enforcement official at the Food and Drug Administration and current partner at the Washington DC-based law firm Arnold & Porter.

 

“He doesn’t anticipate it taking too long,” remarked Sklamberg, who accurately predicted the expedited arrival of the HHS recommendation. “They’re eager to wrap this up,” he added. Ideally, they’ll have the final rule in place by 2024 – and probably not too late in the year, considering the political cycle.

 

This could potentially position Biden, the primary supporter and main advocate for the infamous 1994 crime bill that led to a surge in nonviolent drug offenders in the nation’s prisons, to campaign for reelection with the accomplishment of “doing more than any other president to legalize marijuana” on his record. Such a narrative could be pivotal in cannabis-friendly swing states like Florida, Ohio, and Pennsylvania.

 

“Biden wasn’t known for being cannabis-friendly,” noted Aaron Miles, Chief Investment Officer of Chicago-based marijuana multistate operator Verano Holdings Corp. At one point, he even referred to this as a ‘gateway drug.’ For this administration to embrace it as medicine is truly monumental.

What’s The Way Forward

Although drugs have undergone rescheduling and even descheduling in the past, as seen with Epidiolex, the hemp-derived CBD-rich epilepsy treatment, the DEA initially classified it as a Schedule 5 drug in 2018 before completely removing it from the Controlled Substances Act (CSA) in 2020. Experts find little precedent for rescheduling marijuana that would offer a clear roadmap for the future.

 

“It’s entirely fair to say it’s unprecedented,” remarked Jonathan Caulkins, a drug policy researcher and professor at Carnegie Mellon University in Pittsburgh. “This is a botanical, No. 1,” noted Kline of Perkins Coie. “And, No. 2, there has never been a nationwide marketplace for a drug that the FDA hasn’t approved like this.”

 

 

Nonetheless, policy experts assert that there is a generally agreed-upon process that the rescheduling recommendation will follow from this point onward.

 

Once the DEA assesses the potential impacts of rescheduling on legal and policy matters, including U.S. commitments to international drug-control treaties, the agency initiates the federal rulemaking process outlined in the Administrative Procedures Act. The DEA releases a proposed rule and opens a window for public comment, typically lasting 30 to 60 days.

 

These comments are then carefully considered, with responses provided in some instances—either directly or through a comprehensive statement addressing common concerns.

 

The rule’s issuance could occur as early as the end of the year, indicating that the rescheduling might come into effect the following spring. According to Kline, it’s crucial to note that the rescheduling recommendation binds the DEA and cannot contradict the medical and scientific evaluation, as mandated by statute.

 

Observers anticipate the likelihood of lawsuits, originating from both opponents of legalization aiming to maintain strict marijuana prohibition and proponents of legalization advocating for the complete de-scheduling of the drug.

 

In either case or a mix of both, there exists the potential for a judge to issue an injunction, temporarily halting the rescheduling process until the legal dispute is resolved. This could prompt government appeals, potentially escalating the rescheduling issue to the U.S. Supreme Court.

 

Justice Clarence Thomas’ recent assertion that “a prohibition on… marijuana may no longer be necessary” adds an exciting dimension, suggesting that the nation’s highest court could become the ultimate battleground for a decisive outcome.

 

Regardless of the legal trajectory, rescheduling holds the promise of federal tax reform—an eagerly awaited development within the industry.

What Still Must Happen

Critics and skeptics have emphasized that rescheduling doesn’t equate to legalization. Moving cannabis from Schedule 1 to Schedule 3 of the CSA, allowing doctors and DEA-licensed pharmacies to provide FDA-approved drugs like anabolic steroids, ketamine, and Tylenol with codeine. As such, this could introduce more uncertainties than resolutions for an industry that predominantly operates independently of physicians and mainstream pharmacies.

 

 

Joshua Horn from the Philadelphia-based law firm Fox Rothschild notes that it might be a “halfway victory for the industry” if federal authorities suddenly insist on doctors prescribing marijuana like other drugs.

 

Another potential complication lies in the possibility of a new resident at the White House. With Biden’s approval rating at 42% in August, according to Gallup, and a closely contested race with former President Donald Trump in most presidential polls, there’s a chance he could lose his reelection bid.

 

While Trump took a mostly hands-off approach, offering no favors to the cannabis industry but generally leaving state-legal marijuana untouched, a new president might decide to change course, especially with marijuana reform becoming more closely associated with Democrats.

 

Despite neither Trump nor his Republican rivals making marijuana a focal point in the 2024 campaign, the future president could use their authority to alter the trajectory once again.

 

THE PATH TO LEGALIZATION, READ ON…

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IS FEDERAL MARIJUANA PROHIBITION NOW UNCONSTITIONAL?



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Latest Trump Weed Rumor – Trump Will Federally Deschedule and Decriminalize Cannabis, but Not Legalize It

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In a recent interview, former New Jersey Governor Chris Christie made headlines by asserting that President-elect Donald Trump will pursue significant reforms in federal policies regarding marijuana and cryptocurrency. As the nation grapples with evolving attitudes toward cannabis and the burgeoning digital currency market, Christie’s predictions have ignited discussions about the potential implications of such changes on both industries. This article delves into Christie’s insights, the current state of marijuana and cryptocurrency regulations, and the broader implications of these anticipated reforms.

 

The Current Landscape of Marijuana Legislation

 

Federal vs. State Laws

Marijuana remains classified as a Schedule I substance under the Controlled Substances Act (CSA), which places it in the same category as heroin and LSD. This classification has created a complex legal landscape where states have moved to legalize cannabis for medical and recreational use, while federal law continues to impose strict prohibitions. As of now, over 30 states have legalized marijuana in some form, leading to a burgeoning industry that generates billions in revenue.

 

Challenges Faced by the Cannabis Industry

 

Despite its legality in many states, the cannabis industry faces significant hurdles due to federal restrictions. These challenges include:

  • Banking Access: Many banks are hesitant to work with cannabis businesses due to fear of federal repercussions, forcing these businesses to operate largely in cash.

  • Taxation Issues: The IRS enforces Section 280E of the tax code, which prohibits businesses engaged in illegal activities from deducting normal business expenses, leading to disproportionately high tax burdens for cannabis companies.

  • Interstate Commerce: The lack of federal legalization prevents cannabis businesses from operating across state lines, limiting their growth potential.

 

Chris Christie’s Perspective on Marijuana Reform

 

Christie, a former presidential candidate known for his tough stance on drugs during his tenure as governor, has evolved his views on marijuana over the years. In his recent statements, he emphasized that Trump is likely to pursue descheduling cannabis, which would remove it from the Schedule I classification. This move would not only provide clarity for businesses operating in legal markets but also open avenues for banking and investment.

 

Christie highlighted that descheduling would allow for a more regulated market where safety standards could be established, thus protecting consumers. He believes that this approach aligns with a growing consensus among Americans who support legalization and recognize the potential benefits of cannabis use for both medical and recreational purposes.

 

The Future of Cryptocurrency Regulation = The Rise of Cryptocurrencies

 

Cryptocurrencies have surged in popularity over the past decade, with Bitcoin leading the charge as the first decentralized digital currency. The market has expanded to include thousands of alternative coins (altcoins), each with unique features and use cases. As cryptocurrencies gain traction among investors and consumers alike, regulatory scrutiny has intensified.

 

Current Regulatory Challenges

 

The cryptocurrency market faces several regulatory challenges that hinder its growth and adoption:

 

  • Lack of Clarity: Regulatory frameworks vary significantly across states and countries, creating confusion for investors and businesses.

  • Fraud and Scams: The rapid growth of cryptocurrencies has led to an increase in fraudulent schemes targeting unsuspecting investors.

  • Consumer Protection: Without clear regulations, consumers are often left vulnerable to risks associated with volatile markets.

 

Christie’s Vision for Crypto Regulation

 

Christie believes that under Trump’s leadership, there will be an effort to find a “sweet spot” for cryptocurrency regulation balancing innovation with consumer protection. He argues that overly stringent regulations could stifle growth in this emerging sector while too little oversight could expose consumers to significant risks.

 

In his view, a balanced regulatory framework would include:

 

1. Clear Definitions: Establishing clear definitions for different types of cryptocurrencies and tokens to differentiate between securities and utility tokens.

2. Consumer Protections: Implementing measures to protect investors from fraud while promoting transparency within the market.

3. Encouraging Innovation: Creating an environment conducive to innovation by allowing startups to thrive without excessive regulatory burdens.

 

Christie’s insights reflect a growing recognition among policymakers that cryptocurrencies are here to stay and that appropriate regulations are necessary to foster growth while safeguarding consumers.

 

Implications of Proposed Reforms

 

Economic Impact

 

The potential reforms proposed by Christie could have far-reaching economic implications:

 

  • Job Creation: Legalizing marijuana at the federal level could lead to significant job creation within the cannabis industry—from cultivation and production to retail sales.

  • Investment Opportunities: Descheduling cannabis would open up investment opportunities for institutional investors who have been hesitant due to federal restrictions.

  • Boosting Local Economies: Legal cannabis markets have proven beneficial for local economies through increased tax revenues and job creation.

 

Similarly, clear regulations around cryptocurrencies could stimulate investment in blockchain technology and related industries, fostering innovation and economic growth.

 

Social Justice Considerations

 

Both marijuana legalization and sensible cryptocurrency regulations have social justice implications:

 

  • Addressing Past Injustices: Legalizing marijuana could help rectify past injustices related to drug enforcement policies that disproportionately affected marginalized communities.

  • Financial Inclusion: Cryptocurrencies offer opportunities for financial inclusion for those underserved by traditional banking systems, particularly in low-income communities.

 

Political Landscape

 

The political landscape surrounding these issues is complex. While there is bipartisan support for marijuana reform among certain lawmakers, challenges remain in overcoming entrenched opposition. Similarly, cryptocurrency regulation has garnered attention from both sides of the aisle but requires collaboration to establish effective frameworks.

 

Conclusion

 

Chris Christie’s predictions about President-elect Donald Trump’s approach to federal marijuana descheduling and cryptocurrency regulation suggest a potential shift in U.S. policy that could significantly reshape both industries. As public opinion evolves on these issues, lawmakers have an opportunity to enact meaningful reforms that promote economic growth while ensuring consumer protection. The anticipated changes could foster a more robust cannabis industry that contributes positively to the economy and addresses social justice concerns, while clear regulatory frameworks for cryptocurrencies could encourage innovation and protect consumers in the digital economy. Stakeholders in both sectors are closely watching these developments, eager to see how potential reforms might impact their futures. While the realization of Christie’s predictions remains uncertain, it’s clear that the conversation around marijuana and cryptocurrency regulation is ongoing and far from settled.

 

TRUMP 2.0 ON CANNABIS REFORM, READ ON…

TRUMP ON MARIJUANA REFORM

TRUMP 2.0 ON FEDERAL CANNABIS REFORM – WHAT DO WE KNOW?

 



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Webinar Replay: Post-Election Cannabis Wrap – Smoke ’em if You’ve Got ’em

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On Thursday, November 7th, Vince Sliwoski, Aaron Pelley and Fred Rocafort held a post election discussion “Post-Election Cannabis Wrap – Smoke ’em if You’ve Got ’em”. Watch the replay!

Key Takeaways from the “Smoke ’em if You’ve Got ’em – 2024 Post Election Cannabis Wrap” Webinar:

  1. Panelists:
    • Vince Sliwoski: Oregon Business lawyer specializing in cannabis and commercial real estate.
    • Aaron Pelley: Experienced in cannabis law since Washington’s legalization in 2012.
    • Fred Rocafort: Trademark attorney working closely with the cannabis team.
  2. Election Results Overview:
    • Most 2024 cannabis ballot measures did not pass.
    • Florida, South Dakota, and North Dakota saw failures.
    • Nebraska became the 39th state to legalize cannabis for medical use when it passed two cannabis initiatives, Initiatives 437 and 438.
  3. Federal and State-Level Developments:
    • Medical use is currently legal in 38 states, and 24 states allow recreational use.
    • Republican support for marijuana legalization is growing.
  4. Federal Policy Implications:
    • Schedule III Rescheduling: The process to move cannabis to Schedule III is ongoing, which could significantly impact the industry.
    • Importance of Federal Appointments: The future of cannabis policy depends heavily on who is appointed to key positions in the administration.
  5. International and Domestic Trade:
    • Schedule III status could ease import/export restrictions on cannabis.
    • Unified control of House, Senate, and presidency might expedite legislative progress.
  6. Economic and Industry Impact:
    • Cannabis stocks experienced volatility post-election, reflecting investor uncertainty.
    • Federal legalization and banking reforms are crucial for industry stability and growth.
  7. Future Outlook:
    • The potential for federal rescheduling remains strong, with hearings scheduled for early 2025.
    • State-level initiatives and regulatory developments will continue to shape the industry.

Watch the replay!



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I Had Just One Puff

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“How Long Does One Puff of Weed Stay in Your System?”… This topic can be difficult to answer since it is dependent on elements such as the size of the hit and what constitutes a “one hit.” If you take a large bong pull then cough, it might linger in your system for 5-7 days. A moderate dose from a joint can last 3-5 days, whereas a few hits from a vaporizer may last 1-3 days.

 

The length of time that marijuana stays in the body varies based on a number of factors, including metabolism, THC levels, frequency of use, and hydration.

 

Delta-9-tetrahydrocannabinol, or THC, is the primary psychoactive component of cannabis. THC and its metabolites, which remain in your body long after the effects have subsided, are detected by drug tests.

 

Since these metabolites are fat-soluble, they cling to bodily fat molecules. They could thus take a while to fully pass through your system, particularly if your body fat percentage is higher.

 

THC is absorbed by tissues and organs (including the brain, heart, and fat) and converted by the liver into chemicals such as 11-hydroxy-THC and carboxy-THC. Cannabis is eliminated in feces at a rate of around 65%, while urine accounts for 20%. The leftover amount might be kept within the body.

 

THC deposited in bodily tissues ultimately re-enters the circulation and is processed by the liver. For frequent users, THC accumulates in fatty tissues quicker than it can be removed, thus it may be detectable in drug tests for days or weeks following consumption.

 

The detection time varies according to the amount and frequency of cannabis usage. Higher dosages and regular usage result in longer detection times.

 

The type of drug test also affects detection windows. Blood and saliva tests typically detect cannabis metabolites for shorter periods, while urine and hair samples can reveal use for weeks or even months. In some cases, hair tests have detected cannabis use over 90 days after consumption.

 

Detection Windows for Various Cannabis Drug Tests

 

Urine Tests

Among all drug tests, urine testing is the most commonly used method for screening for drug use in an individual.

 

Detection times vary, but a 2017 review suggests the following windows for cannabis in urine after last use:

 

– Single-use (e.g., one joint): up to 3 days

– Moderate use (around 4 times a week): 5–7 days

– Chronic use (daily): 10–15 days

– Chronic heavy use (multiple times daily): over 30 days

 

Blood Tests

Blood tests generally detect recent cannabis use, typically within 2–12 hours after consumption. However, in cases of heavy use, cannabis has been detected up to 30 days later. Chronic heavy use can extend the detection period in the bloodstream.

 

Saliva Tests

THC can enter saliva through secondhand cannabis smoke, but THC metabolites are only present if you’ve personally smoked or ingested cannabis.

 

Saliva testing has a short detection window and can sometimes identify cannabis use on the same day. A 2020 review found that THC was detectable in the saliva of frequent users for up to 72 hours after use, and it may remain in saliva longer than in blood following recent use.

 

In areas where cannabis is illegal, saliva testing is often used for roadside screenings.

 

Hair Tests

Hair follicle tests can detect cannabis use for up to 90 days. After use, cannabinoids reach the hair follicles through small blood vessels and from sebum and sweat surrounding the hair.

 

Hair grows at approximately 0.5 inches per month, so a 1.5-inch segment of hair close to the scalp can reveal cannabis use over the past three months.

 

Factors Affecting THC and Metabolite Retention

 

The length of time THC and its metabolites stay in your system depends on various factors. Some, like body mass index (BMI) and metabolic rate, relate to individual body processing, not the drug itself.

 

Other factors are specific to cannabis use, including:

 

– Dosage: How much you consume

– Frequency: How often you use cannabis

– Method of consumption: Smoking, dabbing, edibles, or sublingual

– THC potency: Higher potency can extend detection time

 

Higher doses and more frequent use generally extend THC retention. Cannabis consumed orally may remain in the system slightly longer than smoked cannabis, and stronger cannabis strains, higher in THC, may also stay detectable for a longer period.

 

How Quickly Do the Effects of Cannabis Set In?

 

When smoking cannabis, effects appear almost immediately, while ingested cannabis may take 1–3 hours to peak.

 

The psychoactive component THC produces a “high” with common effects such as:

 

– Altered senses, including perception of time

– Mood changes

– Difficulty with thinking and problem-solving

– Impaired memory

 

Other short-term effects can include:

– Anxiety and confusion

– Decreased coordination

– Dry mouth and eyes

– Nausea or lightheadedness

– Trouble focusing

– Increased appetite

– Rapid heart rate

– Restlessness and sleepiness

 

In rare cases, high doses may lead to hallucinations, delusions, or acute psychosis.

 

Regular cannabis use may have additional mental and physical effects. While research is ongoing, cannabis use may increase the risk of:

 

– Cognitive issues like memory loss

– Cardiovascular problems including heart disease and stroke

– Respiratory illnesses such as bronchitis or lung infections

– Mood disorders like depression and anxiety

 

Cannabis use during pregnancy can negatively impact fetal growth and development.

 

Duration of Effects

Short-term effects generally taper off within 1–3 hours, but for chronic users, some long-term effects may last days, weeks, or even months. Certain effects may even be permanent.

 

Bottom Line

The amount of time that cannabis remains in your system following a single use varies greatly depending on individual characteristics such as body fat, metabolism, frequency of use, and mode of intake. Frequent users may maintain traces of THC for weeks, whereas infrequent users may test positive for as little as a few days. Hair tests can disclose usage for up to 90 days, while blood and saliva tests identify more recent use. Urine tests are the most popular and have varying detection durations. The duration that THC and its metabolites are detectable will ultimately depend on a number of factors, including dose, strength, and individual body chemistry.

 

PEE IN A CUP COMING UP, READ ON..

how long does weed stay in your urine

HOW LONG DOES WEED STAY IN YOUR URINE FOR A DRUG TEST?



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