Nate Landau’s Post

President Biden will not legalize cannabis anytime soon. Republicans and Trump will NEVER legalize cannabis. "According to a new report, there appears to be growing support among #Democrats to introduce #federallegislation that would legalize marijuana before the #cannabis holiday, 4/20. Senate Majority Leader Chuck Schumer (D-NY), Senate Finance Committee Chairman Senator Ron Wyden (D-OR), and Sen. Cory Booker (D-NJ) are behind the movement, sharing their support for the legislation in a Dear Colleague letter, which POLITICO obtained. In the letter, the three top Democrats shared that a “growing number of Americans have made it clear, at ballot boxes, through their legislatures, and with their dollars: the #WaronDrugs has failed, and the federal government must respect the decision of states that have chosen to legalize cannabis.” Later this month, the group of Senators is expected to introduce The Cannabis Administration and Opportunity Act, which is believed to be an earlier version of the bill they previously introduced in 2022, Marijuana Moment reported. “The question today is not whether cannabis should be legal—many states have already moved ahead. The question now is whether cannabis should be subject to the same high regulatory standards, based on preserving public health and safety, that apply to alcohol and tobacco,” Schumer, Wyden, and Booker wrote to colleagues, Politico reported. The letter went on to say that the legislation is necessary to address those who were harmed by “the failed War on Drugs, predominantly from communities of color, receive the justice they deserve after decades of over-criminalization.” - Audacy, Inc.

Hey Cannabis Community (5/3), Many are the words that can be attached to the DEA's 5/1 Proposed Rescheduling of Cannabis: a. Half-assed b. Half-baked c. Half-hearted d. Half-measure e. All of the Above I vote e. All of the Above. (What's your vote?) There is an antidote, as reported by John Schroyer in Green Market Report (5/2), called CAOA (not an acronym that flows off the tongue) "the brainchild of Majority Leader Chuck Schumer of New York, Sen. Cory Booker of New Jersey, and Sen. Ron Wyden of Oregon." "The CAOA would be a much more dramatic policy change than the proposed move to Schedule III from Schedule I, by taking marijuana out of the schedule altogether, a move known in cannabis circles as “de-scheduling” that would accomplish full federal legalization. Doing so would have broad ramifications for the U.S. marijuana trade, in particular by opening the floodgates to interstate and international commerce. Schumer said that though the proposed reclassification of cannabis by the Department of Justice is a “truly historic step,” it’s far from what’s needed to remedy harms from the war on drugs, which he said “linger on to this very day” for millions of Americans." “Reclassifying cannabis is necessary, and it’s a long overdue step, but it’s not the end of the story. It’s not all we need to do. It’s time for Congress to wake up to the times and do its part by passing the cannabis reform that most Americans have wished for,” Schumer said, emphasizing that the CAOA would expunge criminal records for nonviolent cannabis crimes." Bravo Senators Schumer, Booker, and Wyden! https://lnkd.in/eKq55MzV

Cannabis Rescheduling Update: The latest news and information concerning the federal rescheduling of cannabis indicate that the process is moving forward with significant momentum. The U.S. Department of Justice (DOJ) and the Drug Enforcement Administration (DEA) have been actively engaged in the rulemaking process to reclassify cannabis from a Schedule I to a Schedule III drug under the Controlled Substances Act. This change would be one of the most substantial shifts in federal cannabis policy since the Controlled Substances Act was enacted in 1970. The DEA recently completed a public comment period, during which nearly 43,000 comments were submitted. The majority of these comments supported either full descheduling or broader decriminalization, rather than just rescheduling to Schedule III. Despite this, the rescheduling is still expected to proceed, with the final ruling anticipated to be published as early as the end of August or by September 2024. Once published, the new rule could take effect 30 days later, potentially by late September or October. Rescheduling to Schedule III would allow for expanded research and could provide certain legal protections for state-legal cannabis businesses, such as eligibility for tax deductions.

My thanks to Marijuana Moment for offering a great platform for this conversation and giving both sides a means to share their opinions. Most of us in the cannabis community don't see eye to eye on every detail of our battle to fully decriminalize the plant nationwide, but we can all agree on the fact that there are still a small contingent of prohibitionists that will latch onto ANY tactic they can find to slow or halt this inevitable progression out of unfounded fear and misunderstanding. In this case, I'm ambivalent. I never thought Schedule 3 was a good idea anyway. I think it should be regulated like lettuce. By far, the greatest societal harms attributed to cannabis use are those associated with laws that shouldn't exist. I've lived for half a century, every year of it in a police state with the largest prison population in the world. Nearly one percent of our population is or has been incarcerated, and a huge portion of that is due to cannabis. Hell, I was incarcerated for ADVOCATING for the plant, albeit for a mere 24 hours. Actually, I have a lot of mug shots for that, but that's another story lol. I see some rescheduling advocates saying that they think it's still moving forward. Smart people who really understand the law too! I wholeheartedly disagree. A case like this will make its way all the way to SCOTUS. They will entertain, and I believe agree with the prohibitionist arguments against what they say is the regulatory overreach of this decision--especially the new two part test they used to determine currently acceptable medical use. Let's face it, Schedule 1 cannabis has been nothing short of a cash cow to the federal government since asset forfeiture (aka, literal highway robbery) kicked in in earnest. And the punitive 280e prohibition against tax writeoffs means cannabis businesses pay more federal tax than any other business in the nation until it's rescheduled to Schedule 3 or less, or DEscheduled altogether (my personal preference). Now that fully half the states have legal recreational sales, and most other states have legal medical sales, these businesses are injecting the feds with mountains of cash for them to waste as they see fit--in addition to the ongoing asset forfeiture. You think the feds are gonna give that up without a fight? Happy 4th ya'll. Here's praying that some day soon we all know what it feels like to live and breathe truly free. It won't happen unless we make it happen. #EndThePrisonState

Before you have an opinion on Rescheduling of Cannabis ... It is often said that history is a great predictor of the future. So based on that, many do not trust the Federal Government/Regulators on the implementation and execution of the rescheduling of cannabis based upon continuous misinformation and lies that have been in place for decades. If you question this, just remember the definition of Schedule I List Drugs - "Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse." This is inaccurate based on (albeit limited) scientific research and evidence. So many have expressed opinions whether the rescheduling is a good thing or a bad thing, but reality is we really don't know until there is more definition and transparency to the execution. Things that need further definition: 1) "Timeline - of the rescheduling process itself, which may fluctuate greatly." 2) "Presidential election - what happens to rescheduling if former President Donald Trump beats current President Joe Biden in the coming November election and the rescheduling isn’t finished by the time he takes office." 3) "Another Cole Memo? - will the DOJ issue an updated version of the Cole Memo, and how that policy guidance could change – or leave undisturbed – the day-to-day operations of the cannabis trade." 4) "Congressional inaction - What is really needed to resolve this … is for Congress to act, to create a unified regulatory environment that involves both the states and federal government." 5) "Will the DEA’s move to reschedule encourage more banks to work with cannabis companies?" 6) "Will stock exchange officials to loosen up and accept marijuana businesses to the Nasdaq or New York Stock Exchange?" 7) "What other action could stem from this federal pivot?" "The future is unclear ..." https://lnkd.in/eBgfZfUS

#REPUBLICANS gave the Cannabis industry a good #kicking last Wednesday, and many of us are still assessing the #damage. Key setbacks in #Florida, where Amendment 3 to legalize adult-use Cannabis failed, and across other red states like #SouthDakota and #NorthDakota, have thrown a wrench into national reform efforts. Florida’s defeat was especially notable, with industry giants like Trulieve #losing $150 million cash investment in their #campaign for adult-use. Despite some #success in Nebraska, where medical weed was legalized, the overall #trend points to growing resistance, fueled by #manufactured fears echoing the days of Reefer Madness and the failed War on Drugs. As the incoming #Trump administration—no fans of Cannabis—signals it will leave legalization up to the states, a new #divide is emerging: #red states are favoring hemp as a regulated crop, while #blue states continue to push for full legalization of adult-use Cannabis. The road ahead for #Cannabisreform now looks increasingly uncertain and polarized. But for some in the #industry, they're delighted to see Trulieve fail as Trulieve are perceived to be a monopolistic player, only it in for themselves. For others, they're over the moon their hero, the #Tangerine Tyrant, is returning to the #Whitehouse. Like turkeys #cheering for Christmas, Cannabis workers voting #GOP simply cannot believe their good luck last Wednesday. They must suffer from amnesia. That's because the last time Trump came to power in 2016, his Attorney General Jeff Sessions, was in favor of #mandatory death sentences on people twice convicted of distributing Cannabis. And rescinded the #ColeMemo. I marvel at Cannabis people delighted with the outcome of the election. (Don't worry, I won't mention your name). I assume they're delighted too our branches of #government will soon be filled to the brim with right-wing conservatives...the vast majority of whom long opposed any changes to the #federalprohibition of Cannabis. Read on in the article below for the full damage assessment #Cannabis

While the DEA's alignment with the Department of Health and Human Services' recommendation to move cannabis to Schedule III from Schedule I has been recognized as significant, the full implications of this move are still uncertain, and it does not legalize cannabis under federal law. Jonathan Havens 🟦, Cannabis Law practice co-chair at Saul Ewing LLP, told Cannabis Business Times that despite the limitations of rescheduling and the work ahead, it’s important to keep this in context and remember—this is a very big deal. “The headline to me is the federal government is poised to make the most significant controlled substances reform since really the enactment of the Controlled Substance Act,” Havens said of the 50-plus-year-old law. “To have a president say that federal agencies must expeditiously evaluate the appropriate scheduling of marijuana … President Biden issued his executive order less than two years ago … and to have HHS issue its findings less than a year later .... By Washington standards, that's lightning quick, particularly with something as like marijuana policy, which has essentially been the same for 50-plus years.” To read the full article, visit: https://lnkd.in/eyte7J6v #Cannabis #Rescheduling #DEA #CannabisPolicy

Update on Cannabis Legislation - The fat lady is still singing. Bloomberg reported that the Ministry of Public Health has released a draft of the proposed Cannabis Act on Tuesday which is set to reclassify cannabis buds as a “category five” narcotic starting Jan. 1, 2025. However, it's important to note that the use of other parts of the plant such as roots and leaves will remain legal. The ministry is seeking public input on the proposal until June 25, with Health Minister Somsak Thepsutin committed to considering suggestions from both cannabis proponents and critics. The draft regulation does not include a grace period for businesses to meet these new rules. With more than 12,000 weed dispensaries and related establishments across Thailand since the country's decriminalization of cannabis in 2022, compliance is going to be difficult but crucial to any ban. Recent directives from the Prime Minister to limit marijuana use strictly for medical purposes have sparked opposition from cannabis advocacy groups and businesses, leading to demonstrations and potential legal actions against the government. Cannabis policies continue to shape political debate in Thailand, particularly in the light of the impact to a slowing economy and during the current drive to boost tourism. It’s likely a watered down version of the draft will be sent to parliament in late July or August with a final version emerging toward the end of 2024. #CannabisRegulation #PublicHealth #ThailandNews

🗳 If approved, adults 21+ will be permitted to purchase cannabis products from licensed retailers or cultivate up to three plants at home for their own personal use. Retail sales of cannabis products would begin no later than October 1, 2025. #NORML #cannabis #cannabisnews #cannabiscommunity #cannabispolicy #cannabislaw #cannabisresearch #cannabisindustry #marijuana #marijuananews #marijuanamovement #legalize #legalizeit #legalization #northdakota #election2024

The basic argument here is whether the realities of properly run state-controlled cannabis businesses should be controlled by the Controlled Substance Act (CSA) which only has the power to regulate activities with interstate activities. The last time this came up in 2005’s Gonzales case the fed’s won because they argued that the government’s goal of eradicating cannabis relied on making sure legal tourists and black market entrepreneurs could not spread the plant across boarders. David Boise, the lawyer representing MA dispensary owners, argues that because the government has given up on eradicating cannabis that Gonzales loses its standing and the feds do not have constitutional grounds to interfere with state activities. True seed to sale tracking does exactly what he is arguing. There is no question that all parts of Soft Power’s cannabis supply chain start and end in New York. I’ve worked with David Boise a few times and the second time, after a two year gap, he remembered my kid’s names. So so smart. I feel great about having his team on our side. https://lnkd.in/efan8yC9