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CRS Research Says Cannabis Rescheduling Future ‘Unclear’ as Legal Challenges Emerge – MEDCAN24


In the past week, President Trump issued another torrent of frenetic executive orders that caused havoc in nearly all American cornerstone institutions.

Trump has signed executive orders affecting everything from immigration to climate change policies, as well as health research and healthcare.

In spite of this, cannabis companies are still in the dark about the project launched by former President Biden to redistribute marijuana.

The Congressional Research Service is unable, given that the entire process has been put on indefinite hold, to determine whether it will continue or succeed.

Marijuana Moment reported than new analysis from the CRS, focusing on a number of cannabis-specific issues for the new administration to consider, determined that it ‘remains to be seen’ how Trump will handle rescheduling.

Furthermore, it is ‘unknown’ whether the Drug Enforcement Administration (DEA) would finalise the proposed rule change.

Derek Maltz’s anti-cannabis stance is particularly relevant, given his new position as DEA administrator.

Mike Feldman, General Counsel at Nabis, told MEDCAN24The Controlled Substances Act and interpretations from the Supreme Court officials and DOJ make it very clear that the HHS Secretary’s findings on medical and scientific matters are binding upon the Attorney General.

While past statements by the acting director, Maltz, may have raised questions, reclassifying cannabis in line with established procedures is carried out according to already-established protocols. We trust the DEA, as well as the incoming Attorney General, will uphold their legal obligations, and take on this responsibility with honesty.

“Cannabis reform is one of few issues that has gained bipartisan support in today’s political climate—nearly six in ten Americans favor legalization, and both 2024 presidential candidates expressed support for reform. We hope the rescheduling will proceed as per law and allow our industry to grow responsibly, to invest in our communities, and to develop safe safety regulations.

The CRS highlighted that even if he was so inclined, Trump does not have the power to reschedule cannabis ‘unilaterally’.

It continued, “Congress passing legislation is perhaps the easiest way to alter a substance’s legal status in the CSA.”

If Congress wants to alter the status of marijuana in law, they can do it before or after DOJ’s final decision.

Protect the Public’s Trust is another group that has sued the US Department of Health and Human Services over the failure to provide records regarding the rescheduling of cannabis by the Biden administration.

PPT claims that HHS ignored Freedom of Information Act requests (FOIAs) for more than 418 days and withheld communications between HHS DOJ, DEA and FDA regarding moving cannabis from Schedule I into Schedule III. The lawsuit aims to force HHS to make the documents public.

As DEA hearings are delayed, this lawsuit may reveal conflicts within the DEA that could influence the future federal cannabis policies.



The newly-elected President Trump has issued a frenetic flurry of executive orders this week, which have caused chaos in almost all American institutions.

Trump issued dozens of executive order last week that touched on everything from climate policy to health and medical research. Immigration, diversity programs, even immigration policies were affected.

In spite of this, cannabis companies are still in the dark about the project launched by former President Biden to redistribute marijuana.

The Congressional Research Service is unable, with the entire process on indefinite hold, to determine whether it will be successful or continue.

Marijuana Moment reported than new analysis from the CRS, focusing on a number of cannabis-specific issues for the new administration to consider, determined that it ‘remains to be seen’ how Trump will handle rescheduling.

Furthermore, it is ‘unknown’ whether the Drug Enforcement Administration (DEA) would finalise the proposed rule change.

Derek Maltz, the new director of the DEA, has a long history of anti-cannabis stance.

Mike Feldman, General Counsel at Nabis, told MEDCAN24The Controlled Substances Act and interpretations from the Supreme Court officials and DOJ make it very clear that the HHS Secretary’s findings on medical and scientific matters are binding upon the Attorney General.

While past statements by the acting director, Maltz, may have raised questions, advancing a rescheduling of cannabis in line with established procedures is in compliance with existing procedures. We trust both the DEA, as well as the incoming Attorney General, will honor their legal obligations, and approach this task with integrity.

“Cannabis reform is one of few issues that has gained bipartisan support in today’s political climate—nearly six in ten Americans favor legalization, and both 2024 presidential candidates expressed support for reform. We hope the rescheduling will proceed as per law and allow our industry to grow responsibly, to invest in our communities, and to develop safe safety regulations.

The CRS highlighted that even if he was so inclined, Trump does not have the power to reschedule cannabis ‘unilaterally’.

It continued, “Congress passing legislation is perhaps the easiest way to alter a substance’s legal status in the CSA.”

If Congress wants to alter the status of marijuana in law, they can do it before or after DOJ’s final decision.

A group dedicated to government transparency, Protect the Public’s Trust, is suing the US Department of Health and Human Services for not releasing records related to the Biden Administration’s process of cannabis rescheduling.

PPT asserts that HHS refused to comply with Freedom of Information Act Requests (FOIA) over 418-day period, refusing to release communications from HHS and DOJ about the move of cannabis Schedule I Schedule III. The lawsuit aims to force HHS to make the documents public.

The lawsuit, which is pending DEA proceedings, could expose internal conflict that will shape federal cannabis policy in the future.

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