By Ruth Hill R.N.
Following President Trump’s Executive Order (EO) directing the Office of the Attorney General to expedite the process of rescheduling medical marijuana to Schedule III of the Controlled Substance Act, the cannabis industry were flying in the clouds. Finally, something is getting done. But our jaundice eyes realized our federal government agencies must get lined up with the same precision on the same page like solar planets creating a Moon Eclipse.
I bet even Trump does not know what the line of authority is to get his EO done. Trump only mentioned medical cannabis which makes up 24% of overall sales. Even though both medical and recreation cannabis comes from the same plant, there are two categories of licenses, medical and recreational. Growing medical, distributing medical, transporting, retailing, purchasing medical cannabis, and state regulations. Somehow Nixon got cannabis banned in a blink of an eye.
Since Nixon banned cannabis, the DOJ, FDA CDC, State regulations, the federal Food Drug and Cosmetic Act (FDC), and now the DOJ is stating there could be a violation to one of our international treaties. How many monkey wrenches can be hidden in the weeds of this Schedule III designation. The Drug Enforcement Administration (DEA) is hosting an expedited hearing from June 29 to July 15, 2026. This proceeding will decide whether the Schedule III status should be expanded to include recreational cannabis.
For state-licensed medical operators, rescheduling effectively ends the punitive tax burden under Internal Revenue Code Section 280E, allowing them to finally deduct ordinary business expenses. Multi-state operators are preparing to move their public listings to major U.S. exchanges once the federal regulatory path clears. It also clears the way for researchers to obtain premium marijuana without the threat of jail.
However, this April 2026 order is facing heavy pushback from anti-drug coalitions, and several states have filed lawsuits attempting to block or stay the rescheduling. As set forth in the Notice of Proposed Rule Making (NPRM), the hearing will conclude not later than July 15, 2026. A final rule placing both FDA-approved medical products containing marijuana and medical marijuana products regulated by a state medical marijuana license in Schedule III of the Controlled Substances Act (CSA). The process is being carried out through the formal rulemaking process, which includes public input, administrative review, and potential hearings.
Here’s the red herring in the process. The Drug Enforcement Administration (DEA) began last week selecting only opponents of the reform who have been invited to take part and sending rejection letters to those who are not being invited on Trump’s EO rescheduling process.
- National Drug & Alcohol Screening Association (NDASA)
- Tennessee Bureau of Investigation
- Smart Approaches to Marijuana (SAM)
- The States of Nebraska, Idaho, Indiana, and Louisiana
- DUID Victim Voices
- Kenneth Finn, MD
- Phillip A. Drum, PharmD
Take for example Kenneth Finn, MD who wrote a book of evidence-based science who claims the science is not conclusive. I do not see any reference to the endocannabinoid system (ECS) in his book. Phillip A. Drum, PharmD’s published research and advocacy focused heavily on impaired driving (DUID) and road safety. He has authored papers analyzing fatal crash data and DUID enforcement in states where cannabis is legal. Both these medical specialists most likely do not believe in anecdotal evidence nor are they referencing the plethora of science saying cannabis is safe.
More than 70 percent of public comments submitted on the proposed rule supported decriminalization. The people who have carried the burden of marijuana prohibition should be at the center of the conversation, helping shape the policies that affect their lives, families and communities. The FDA is the last monkey wrench in this Gordian Knot. A drug that is not approved by the FDA is still federally prohibitive, regardless of moving it into Schedule III. It The FDA does not approve of the product it will still be unlawful.
Robert Mikos, is the LaRoche Family Chair in Law, at Vanderbilt University Law School. Mikos says because of the morass of federal agencies the impact of rescheduling will be modest. Watch the YouTube video The Tale of Two Schedules for more information.
Contact hilruth@gmail.com.
