**UPDATE **
As of April 30th, 2024, the United States Drugs Enforcement Agency (DEA), under the auspices of the US Department of Justice, there has been implemented a new policy recommendation that will result in cannabis being rescheduled to schedule III, alongside ketamine and anabolic steroids. Our newest article on this subject will go live today.
Cannabis is a plant that contains over 100 compounds, some of which have psychoactive or therapeutic effects. Cannabis is currently illegal under federal law, but many states have legalized it for medical or recreational use.
However, there are many misconceptions and myths about what legalization and descheduling of cannabis would mean for the country, the industry, and the consumers. The unfortunate reality is that Rescheduling will not result in the seismic shifts people think it will.
In this article, we will explore some of the common misunderstandings and the realities of cannabis reform, and distinguish between real, meaningful change and political grandstanding.
What Does Legalization Mean?
Do you know what legalization of cannabis means? Many people think that legalization means that cannabis would be completely free from any regulation or restriction, and that anyone could grow, buy, sell, or use it without any consequences. Be assured, this is far from the truth. At best this is being hopelessly misinformed, and at worst it’s insidious & dangerous.
Legalization of cannabis means that the federal government would remove the prohibition on cannabis and allow states to regulate it as they see fit, similar to how alcohol and tobacco are regulated.
Legalization would not necessarily make cannabis legal everywhere, as States could still ban or limit its production, distribution, or consumption.
Legalization would also not eliminate the perceived risks or harms associated with cannabis use, such as impaired driving or accidental ingestion. This is why we must fight to end the stigma! After destigmatizing comes enlightening, followed by affirmation, and finally advocation.
Legalization of cannabis would have some benefits, such as:
- High Tax Revenue
- Reduced Criminal Justice Costs
- Improved Public Health
- New Economic Stimulus
However, full legalization would also pose some challenges, such as:
- Ensuring Safe Access
- Social Equity Demands
- Coordinating with Intl Treaties
Legalization of cannabis is not a simple or straightforward issue, but a complex and nuanced one that requires careful and thoughtful consideration and action. This is where firms like Budtenders Ethos LLC come in handy. We can help you navigate the tough and complex processes and requirements.
The Lacking of A Solution
Rescheduling will NOT:
- Make Cannabis Legal
- Result in any real change
- Make it Medically accepted
- Reconcile State & Federal Law
- Address Social Disparities
- Reflect Consensus of Consumers
Classifying Cannabis
In the US, the Federated Agency known as the Drug Enforcement Agency (or DEA) regulates and enforces Cannabis law.
They categorize different drugs into one of 5 categories that are known as “Schedule I – Schedule V”.
Because it’s a Schedule I substance, cannabis, along with drugs like Heroin, are said to 1) possess no accepted medical use and 2) have a high potential for abuse. (Yes, you read that correctly – Cannabis “has no accepted medical use” according to this genius plan).
What Rescheduling Cannabis Would Accomplish
Rescheduling cannabis would make it easier for researchers to study its effects and benefits, as they would face fewer barriers and restrictions to access and conduct clinical trials. This is important because until now these things have been stifled, leading to the situations we are in now.
Rescheduling cannabis would also allow cannabis businesses to deduct their expenses on federal tax filings, as they are currently prohibited from doing so under IRS Code 280E, which applies only to Schedule I or II substances. This is one of the more common sense approaches.
There’s no loss of tax revenue for Uncle Sam but there are capital gains for the businesses and owners. The additional income will support the current model while allowing for preparation for the next iterative model. It would give owners and merchants the ability to offer more product, have more consistency with product offerings, and keep price points effective.
Rescheduling cannabis would also subject it to more regulation and oversight by the Food and Drug Administration (FDA), which could ensure product consistency and quality, but also impose more costs and requirements on the producers and distributors. This should be done in conjunction with other solutions mentioned here.
Lastly, but most critically, changing the status of cannabis in the US would bring about changes in ally nations like Germany. Germany is European biggest economy, so what they do influences the European Union greatly. If the US began to export cannabis products, the market would explode exponentially.
This is Why you Need BTE!
Get ready for the burgeoning international market to revolutionize demand, influences, methodologies, and acceptance. He who gets into the developing marketplaces will surely earn his piece of the pie! BTE is your orientation expert, so contact us today to find out ways to prepare for this future.
What Rescheduling Won’t Accomplish
Rescheduling cannabis would not resolve the conflict between federal and state laws, as cannabis would still be a controlled substance under the CSA and subject to federal enforcement.
In a recent article in Forbes Magazine, NORML’s deputy director Paul Armentano explained why Rescheduling is not the solution.
“A lot of people are going to be disappointed that there’s not any sort of widespread or seismic change, because rescheduling doesn’t bring many changes,” he adds.
Rescheduling cannabis would not make it legal or medically accepted, but it would have some implications for the industry and the consumers.
Rescheduling cannabis would not address the social and racial disparities and injustices caused by the war on drugs, as cannabis users and sellers would still face criminal penalties and stigma. This is a generational problem which will eventually work itself out.
Rescheduling cannabis would not reflect the public and scientific consensus that cannabis is less harmful and more beneficial than other drugs in the same or higher schedules, such as cocaine, methamphetamine, or opioids.
Rescheduling cannabis is not enough to achieve the goals and aspirations of cannabis reform, but it may be a step in the right direction.
What Do Supporters Want?
Many supporters of cannabis reform are not fully aware of what legalization and rescheduling of cannabis would entail or look like. Some supporters may have unrealistic or idealistic expectations about the effects and outcomes of cannabis reform, while others may have conflicting or contradictory preferences or opinions.
For example, some supporters may want cannabis to be legal and accessible for everyone, but also want it to be safe and regulated by the government. Some supporters may want cannabis to be recognized and approved as a medicine, but also want it to be affordable and available without a prescription.
The Best Solution
Right now, it’s pretty clear to those of us on the inside that cannabis doesn’t need to be re-scheduled, it needs to be de-scheduled, meaning that it would be removed from the CSA entirely and treated like any other commodity, but also want it to be protected and promoted by the federal government.
As a group and as a community, it is absolutely crucial that we strive to improve the Cannabusiness model and spread the true elements of cannabis to the masses.
In order to do that, supporters of cannabis reform need to educate themselves and others about the meaning, benefits, and drawbacks of legalization and rescheduling of cannabis, and to be realistic and pragmatic about their expectations and outcomes.
Supporters of cannabis reform also need to engage in constructive and respectful dialogue and debate with the opponents and critics of cannabis reform, and to seek common ground and compromise where possible. As already stated, the feats of legalization and re-scheduling of cannabis are not black-and-white issues, but complex and nuanced ones, that require careful and thoughtful consideration and action.
So, What Can We Say?
Cannabis reform is a hot and controversial topic in the United States and around the world. There are many misconceptions and myths about what legalization and rescheduling of cannabis would mean for the country, the industry, and the consumers. We have have explored some of the common misunderstandings and the realities of cannabis reform. We hope that this article has provided some clarity and insight into the issue, and has encouraged further discussion and healthy debate about what’s best for our great country and our great countrymen and women.
Bibliography
(1) Rescheduling Marijuana: The Pros and Cons Explained – LAmag. https://lamag.com/cannabis/marijuana-cannabis-schedule-federal-reforms-pros-cons.
(2) Legal Consequences of Rescheduling Marijuana – CRS Reports. https://crsreports.congress.gov/product/pdf/LSB/LSB11105.
(3) SHOULD MARIJUANA BE RESCHEDULED? – Pros & Cons. https://medicalmarijuana.procon.org/wp-content/uploads/sites/37/marijuana-rescheduling-may-2012.pdf.
(4) Pros & Cons of Rescheduling Pot – smokepipeshop.com. https://www.smokepipeshop.com/blog/entry/pros-cons-of-rescheduling-pot.
(5) The Pros and Cons of Moving Cannabis to Schedule 3 – 18 Expert Opinions. https://www.celebstoner.com/news/marijuana-news/2023/08/31/pros-and-cons-moving-cannabis-to-schedule-three/.
(6) Clearing up misconceptions about marijuana rescheduling … – Brookings. https://www.brookings.edu/articles/clearing-up-misconceptions-about-marijuana-rescheduling-what-it-means-for-existing-state-systems/.
(7) What would descheduling cannabis mean? And other questions … – GreenState. https://www.greenstate.com/explained/what-would-descheduling-cannabis-mean-and-other-questions-on-federal-cannabis-law-answered/.
(8) Dentons – Rescheduling Misconceptions and Responses. https://www.dentons.com/en/insights/alerts/2023/september/18/rescheduling-misconceptions-and-responses.
(9) How to reschedule or deschedule marijuana under federal law. https://www.leafly.com/news/politics/how-to-reschedule-or-deschedule-marijuana-under-federal-law.
(10) What We Know about Marijuana – Centers for Disease Control and Prevention. https://www.cdc.gov/marijuana/featured-topics/what-we-know-about-marijuana.html.
(11) Marijuana Legalization and Decriminalization Overview – FindLaw. https://www.findlaw.com/criminal/criminal-charges/marijuana-legalization-and-decriminalization-overview.html.
(12) Marijuana Laws: Decriminalization Versus Legalization – ThoughtCo. https://www.thoughtco.com/decriminalization-versus-legalization-of-marijuana-3368393.
(13) Defining What ‘Legal,’ ‘Illegal,’ & ‘Decriminalized’ Cannabis Means …. https://www.goodrx.com/well-being/substance-use/legal-vs-illegal-vs-decriminalized-cannabis.
(14) HHS Releases Unredacted Letter Confirming Agency’s Recommendation to …. https://norml.org/blog/2024/01/12/hhs-releases-unredacted-letter-confirming-agencys-recommendation-to-dea-to-reclassify-marijuana-to-schedule-iii.
(15) Marijuana Rescheduling: Process and Procedures To Know Now. https://www.jdsupra.com/legalnews/marijuana-rescheduling-process-and-7959214/.
(16) Rescheduling Marijuana: Understanding the Legal Impacts. https://www.mcglinchey.com/insights/rescheduling-marijuana-understanding-the-legal-impacts/.
(17) ‘Marijuana 1-to-3’ Act Would Federally Reschedule Cannabis. https://marijuanaandthelaw.com/marijuana-1-to-3-act-federally-reschedule-cannabis/.
(18) HHS Recommends Rescheduling Cannabis, Surprising an Entire Industry. https://cannabisindustryjournal.com/feature_article/hhs-recommends-rescheduling-cannabis-surprising-an-entire-industry/.
(19) Implications of Rescheduling or Descheduling Marijuana. https://www.natlawreview.com/article/to-reschedule-or-to-deschedule-marijuana-question.
(20) What to Really Expect When Cannabis is Rescheduled. https://mslawgroup.com/when-cannabis-is-rescheduled/.
(21) The Impact of US Cannabis Rescheduling – bdsa.com. https://bdsa.com/the-impact-of-us-cannabis-rescheduling/.
(22) Risks and Benefits of Legalized Cannabis – Johns Hopkins. https://publichealth.jhu.edu/2023/risks-and-benefits-of-legalized-cannabis.
(23) The Effect of State Marijuana Legalizations: 2021 Update. https://www.cato.org/policy-analysis/effect-state-marijuana-legalizations-2021-update.
(24) Marijuana Tax Legalization and Federal Revenue | Tax Foundation. https://taxfoundation.org/research/all/federal/marijuana-tax-legalization-federal-revenue/.
(25) The pros, cons and unknowns of legal cannabis in Canada 3 years later. https://www.cbc.ca/news/politics/cannabis-changed-canada-1.6219493.
(26) How Federal Legalization Could Transform The US Cannabis Market. https://www.investopedia.com/insights/how-federal-legalization-could-transform-us-cannabis-market/.
(27) Undefined. https://crsreports.congress.gov.
Chronicler Cannabis Historians 
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