So How is Cannabis Rescheduling Going?

To say that rescheduling has hit a confusing and uncertain snag at a federal level would be something of an understatement. President Donald Trump unveiled his executive order to “expedite” the process for rescheduling which had begun under President Joe Biden, but what exactly that means in practice has not yet fully materialized.

This is most emblematic at the Supreme Court where the Court recently heard oral arguments about a case focused on Second Amendment gun rights and cannabis consumption. During the oral arguments, attorneys from the Department of Justice told Justices that, “the government has not made final decisions with respect to what to do with marijuana.” This comes as they seek to also maintain that a person is uniquely dangerous and subject to disarmament if they’re a cannabis consumer.

The SCOTUS Justices seem a bit unconvinced and even confused themselves as the administration is both seeking to define cannabis consumers as being dangerous and not in the right to have access to firearms while also, from Trump’s Executive Order, tout its medicinal benefits and seek to make cannabis more accessible nationwide.

This has been largely the characterization of the Trump administration’s overall stance on cannabis—confused and not entirely helpful. There was a flurry of eager and excited articles and essay’s about Trump’s Executive Order but in the months after, we as a general public have learned next to nothing.

What does this mean for operators though and those seeking to get into the cannabis marketplace? Right now, be patient. I know, I know, that’s been said time and time again, but it’s one of the things we have to make do with for the time being. Rescheduling though is coming and will happen (we do now have both Democratic and Republican administrations which have addressed cannabis more positively than predecessors) but the priority for the current administration is not cannabis action.

It’s important to look at your state that you’re seeking to operate in (or expand into) and see what their stance is on 280E protections. Some states are better for operators from a tax perspective than others. This is one of the biggest cruxes associated with rescheduling that we would like to see addressed at a federal level, but for the time being we will need to make do with how businesses have been operating for the last decade.

Confused with rescheduling, interstate commerce, cannabis taxes, or finding the right market for you to work in? Reach out to Canna Advisors, the most trusted and reputable consultancy in cannabis.