harm individuals , families , and communities across the United States . They point out that rescheduling would not :
● End continuous marijuana arrests
● Release anyone in prison for marijuana
● Restore rights and access to public benefits ( such as housing assistance )
● Protect state marijuana regulatory programs or their patients or consumers
● Protect workers in the marijuana industry
● End this country ’ s approach to cannabis policy or right the wrongs of cannabis criminalization
John Payne is a managing member of Amendment 2 Consultants and has been working in cannabis and drug law reform for over a decade . Payne explained , “ If rescheduling cannabis to Schedule III gets rid of the punitive tax rates imposed by 280-E and opens up traditional capital markets , as most analysts argue it will , there will be two major , somewhat contradictory effects on the industry . It will make many currently unprofitable licensed cannabis businesses profitable , which will enable many smaller operators to survive and compete in the market . At the same time , it will unleash a huge wave of mergers and acquisitions that dwarf anything we have seen to date . Big money from the traditional business world will come off the sidelines and start buying up even what we consider to be large MSOs today . So , it will simultaneously make it easier for smaller firms to compete and lead to much larger firms in the sector .”
Descheduling Cannabis
Descheduling , on the other hand , means removing cannabis entirely from the list of controlled substances under the CSA . This move would signify that the federal government no longer considers cannabis illegal at the federal level , allowing states to determine their own cannabis policies without federal interference . The momentum for descheduling has been building . Advocates argue that it ’ s a necessary step to address the racial disparities in cannabis-related arrests and convictions , promote economic growth through the cannabis industry , and respect states ’ rights to enact their own cannabis policies .
Additionally , industry perspective adds to the opinion that descheduling is also the best route to go for business . Bethanie White is the Director of Marketing for Clovr , one the largest and most successful cannabis companies in Missouri and elsewhere . White says , “ Decriminalization would be best as it would protect new states coming on to the market . They wouldn ’ t be flooded with the cannabis flower and products that other states are struggling to get rid of . We would see an influx of cheap out-of-state products that would further saturate the market . Missouri still requires the testing of all products so some of the corners being cut would be filtered out , but it would open the floodgates for hundreds of new products and flower in a market where we already struggle with saturation .” When asked what Clovr intends to do to prepare for the potential of cannabis being rescheduled , White said , “ We are trying to get our products into as many other states as possible right now .”
United for Marijuana Decriminalization , 1 a group of the nation ’ s leading marijuana policy reform advocates and industry leaders , emphasized that rescheduling alone raises new risks and does not fulfill President Biden ’ s previous promises . With the ultimate goal of decriminalizing marijuana , the group laid out a proposal asking President Biden to implement the following incremental steps :
● Stop the harm by issuing new guidance to law enforcement pertaining to both individuals and licensed businesses , including deprioritizing prosecutions for marijuana-based conduct , seeking reduced sentences , and ending marijuana-related deportations .
● Repair the harm by expanding pardons and commutations to go beyond simple marijuana possession and restoring benefits for those with previous convictions ( and calling on states to do the same ).
● Explicitly support marijuana legalization with regulations to protect public health , consumers , and workers ; and prepare federal agencies to support small business development and prevent monopolization by Big Pharma , tobacco , and alcohol .
Tayla Mayfield , also a Missourian , is a Regulatory Consultant and the Founder of Delta Compliance . From a regulatory standpoint , Mayfield says , “ In the area of Environmental Health and Safety Compliance within the cannabis industry , the distinctions between rescheduling and descheduling bear similar implications . Currently , regardless of the industry , there are established common law practices that manufacturers , retailers , and agricultural facilities must adhere to . However , due to the legal ambiguity surrounding cannabis , some organizations have opted to operate discreetly .”
Mayfield pointed out , “ A brief examination of hemp citations post-legalization through the 2018 Farm Bill serves as a valuable tool for anticipating the potential impact of rescheduling on environmental regulations within the cannabis industry . In 2023 , a Missouri-based CBD manufacturer encountered a substantial fine of nearly $ 400,000 after receiving an EPA citation for producing pesticides in the form of CBD sanitizer . It ’ s essential to recognize that sanitizer , given its role in pest and microbe eradication , falls under the jurisdiction of the FIFRA ( Federal Insecticide , Fungicide , and Rodenticide Act ), enforced by the EPA . Concurrently , a CBD cultivator in Colorado failed to comply with the State Implementation Plan ( SIP ) based on the National Ambient Air Quality Standards ( NAAQS ), which mandates the acquisition of a Title V air permit . Instead of proactively obtaining the permit , they were compelled to settle with a consent decree , resulting in significant fines . While these regulations were always in effect , federal legalization has heightened enforcement efforts . Instances like these are becoming more prevalent , underscoring the importance for operators to proactively anticipate and address compliance gaps within their operations .”
What Is The Best Option ?
The Department of Health and Human Services provided its recommendation to the DEA that cannabis be rescheduled from Schedule I to Schedule III in August 2023 . Once the DEA determines that cannabis should be rescheduled , the DEA could initiate
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