Historic Marijuana Rescheduling: Understanding Federal Legalization and Your Role

Is marijuana legalization the next sliced bread? Join us for an historic episode as we dissect the unprecedented rescheduling of marijuana to Schedule 3—a move as monumental as the invention of the internet. You’ll learn all about the federal legalization process for medical marijuana and how you can actively participate by submitting a public comment to the DEA. We’ll provide you with an effective template to make your voice heard. Plus, we’ll clear up any misconceptions spread by influencers urging for full legalization through this process—here’s why that’s not legally possible.

We’ll also explore the political landscape and the potential hurdles that could impede progress, especially with the upcoming election. Learn about the intricate federal rulemaking process and where we currently stand in it. With expert insights, we’ll guide you through what this shift means for the future of cannabis policy in the United States. Stick around to find out why it’s crucial to vote for an administration that supports continued legalization efforts. It's an action-packed episode filled with vital information to empower you in shaping the future of cannabis policy.

Transcript

Speaker 0: 0:00

What's up? Legalizers? We have an historic episode about cannabis legalization news for you. How can you influence the process? Stick around until the end to learn how to voice your opinion for legalizing medical marijuana at the federal level. For the first time ever, marijuana is being moved to Schedule 3. This is history, like sliced bread or the internet, and you get to see it. We are going to talk about what the next steps are toward this new federal legalization of medical marijuana and at the end you'll have a template for a public comment to the DEA to influence the process and put your fingerprints on it. And put your fingerprints on it.

Speaker 0: 0:46

But first I want to caution you that I've seen many other influencers not that I am one telling their people what to do with the public comment, to demand descheduling or full legalization. They are not lawyers, they are just influencers who want attention, and that's why they are telling you to comment on something wrong. And that's why they are telling you to comment on something wrong. The law can't do that because it is not how the Controlled Substances Act or CSA, works. The law cannot change the schedule to be out of compliance with the international obligations of the United States, so you cannot legalize it through this rulemaking process. You see, section 811D of the CSA integrates international law into our federal law, so much so that if control is required by the United States' obligations under international treaties 1970, the Attorney General, the boss of the DEA, shall issue an order controlling such drug under the schedule he deems most appropriate to carry out such obligations, without regards to the findings required by the CSA. So don't waste your comment Moving on what, if anything, can go wrong with the rescheduling process.

Speaker 0: 2:05

Of course politics are involved. Here's at least two things that can go wrong. First, the administration could change and halt the process altogether. There is an election in November, but because almost 90% of Americans want medical marijuana legal and this is the process to do that at the federal level without Congress having to do anything. But if a Republican administration of hardcore conservatives shows up in January 2025, they could put marijuana back into Schedule 1, just like they rolled back a woman's right to health care. It's not too far-fetched because of our old foe, the DEA, who has been fighting a war on marijuana for decades and getting paid to do it. So second, can the DEA try to undo the progress? Perhaps, but more like the Kiwi, yeah, nah, you see, under the law, the DEA has power during the rulemaking process. However, hhs found the facts regarding the scientific and medical determination as part of its rescheduling process when it worked in conjunction with the FDA to come up with a two-part test finding that marijuana has currently accepted medical use CAMU is its abbreviation. Those facts were binding on DEA to the issuance of the notice of this proposed rulemaking that we're in now. But during the rulemaking process itself they are given significant deference, as the opposite legal counsel, the OLC, says in its memo.

Speaker 0: 3:39

Moving on, what is the federal rulemaking process and where are we in it? We are pretty early on, like morning in America, but for weed man, right now, only a very small amount of what may become the law has been revealed. The rest must come through this public comment period and subsequent rulemaking. Then we think this change in federal law is so watershed that an interim final rule will be published, which will probably have another public comment period. Then, lastly, the final rule will be published, which will probably have another public comment period. Then, lastly, the final rule. That could be well into 2025 by then, or not at all, if Donald Trump wins the election, despite what many of his supporters believe Republicans' officials have by and large not helped advance legalization. There may be a few outliers, but they are merely the exception that proves the rule. So vote Biden to keep legalizing it and helping us get ready for the AI apocalypse, because who do you really trust more for universal basic income? Moving on, if the current administration continues, then we are basically sure that marijuana will become a Schedule III substance and, historically, medical marijuana will be legalized nationwide, which will require rules that the OLC's slip opinion from April of 2024 gave a heavy-handed hint on how that final rule could have the DEA regulate the industry for compliance with its international obligations pursuant to the following sections of the CSA.

Speaker 0: 5:11

The memo stated that the CSA authorizes the Attorney General, and thus the DEA, to promulgate rules and regulations relating to the registration and control of the manufacture, distribution and dispensing of controlled substances Find that in section 821. And to promulgate and enforce any rules, regulations and procedures which he may deem necessary and appropriate for the efficient execution of his functions in Section 871,. Parenbe Courts recognize that broad discretionary language as this conveys extensive regulatory authority. Next, the OLC peppered the following phrase throughout its opinion and much of it made its way into the DEA's notice of proposed rulemaking. Here it is. As a result, dea may satisfy the United States' single convention obligations by placing marijuana in Schedule III, while imposing additional restrictions pursuant to the CSA's regulatory authorities.

Speaker 0: 6:12

The OLC concluded that Section 823E of the CSA, which is applicable to Drugs and Schedules 3, 4, and 5, provides an alternative source of authority for complying with Articles 23 and 28 of the Single Convention Treaty by creating a new regulations for state licensed marijuana dispensaries, growers and processors. Those articles in the treaties are related to opium and cannabis cultivation and distribution. However, they do not apply for industrial hemp or horticultural cannabis. Horticulture is defined as a branch of agriculture concerned with plants that are used by people for food, for medicinal or for aesthetic gratification. So maybe medical cannabis is exempted from Article 23 because of the terms of Article 28 of the Single Convention, but probably not, and so we need to follow Article 23's regulations in place, which are as follows a single government agency to regulate cannabis designation on where it is being grown, licensing cultivators. All crops have to be delivered to the agency no later than four months after harvest. The agency has the exclusive right to wholesale and cannabis, but not the exclusive right to dispense it. The DEA would probably be that agency, unless a new agency is created. And taking possession of all the crops could probably be done constructively by mandatory harvest reports imposed on the licensees and also there could be a license to wholesale the crop under the power granted to the DEA pursuant to Article 23 of the Single Convention Treaty. Pursuant to Article 23 of the Single Convention Treaty. So Schedule III cannabis is going to be heavily regulated for compliance with international treaties or exempt from all of them if it is grown for horticultural purposes. The DEA should create rules pursuant to Section 823 for standardizing the security and safety of the cannabis industry that all state license holders can comply with, then register those licenses pursuant to that Section 823. That would bring compliance with Articles 23 and 28 of the Single Conventions Treaty Sections cited in the OLC report Then hand it over to FDA for their own rulemaking once Schedule 3 becomes effective For full medical marijuana legalization.

Speaker 0: 8:39

The DEA rulemaking is not enough to completely legalize it nationwide because it would still remain subject to applicable provisions of the FDCA being the Federal Food, drug and Cosmetic Act. Under it, a drug containing a substance within the CSA's definition of marijuana would still need FDA approval to be woefully introduced or delivered for introduction into interstate commerce. See FDCA sections 355A, 355i and 331D for more on that. The FDA also has extensive rulemaking powers granted to it under the FDCA. We have never seen a Schedule III substance like marijuana, so part of the DEA's rules could be to request that HHS and FDA commence their own rulemaking process upon the effective date of the new Schedule III rule. That could mean that interstate commerce in medical cannabis may only be a few years away and the entire industry could be legal for the first time ever without any hemp loopholes needed.

Speaker 0: 9:48

But for it all to make sense, the DEA should also make a hemp cannabinoid extract license so that all the downstream aspects of the cannabis plant intended for medicinal use can be regulated. Once a product goes over the line then it would require a Schedule III cannabis license and the products could be transferred to one of those license holders and be sold to a medical patient. We have included a link for where you can publicly comment to the DEA, and you will copy and paste our comment to the DEA below in the description to voice your support for the rules and regulations to legalize marijuana on a federal level. For the first time ever, we will have a legal interstate market for medical marijuana products made from cannabis. If you found this information useful, don't forget to like and subscribe for more updates on cannabis legalization and industry insights. Your support helps us bring you the latest news and trends in the cannabis world.