Marijuana Rescheduling: Is an October Surprise Still Possible?

Biden announces federal marijuana pardons and, in the same marijuana reform statement, asks HHS Secretary Javier Becerra and Attorney General Merrick Garland to start expedited review of how marijuana is scheduled under federal law.

Not an executive order.

presidential direction to his cabinet to start the administrative review.

By August 2023, HHS finishes its scientific and medical evaluation and recommends marijuana be placed in Schedule III.

Not fully legalized, not de-scheduled, still controlled under Schedule 3.

HHS specifically concluded that marijuana met the findings for Schedule 3 under the Controlled Substances Act.

Then 2024 shows up, and the DOJ publishes its proposed rule to move marijuana from Schedule 1 to Schedule 3.

Proposed rule.

Very important word, proposed.

Because this is federal administrative law, which means that nothing could happen in one step, when 17 steps, a hearing, an interlocutory appeal, and a small forest of paper will also do.

The statutes are complex and numerous, pointing from one section to another section on how to reschedule under the law.

Check out our other videos about Schedule 3 for loads more on that legal procedure.

But then the 2024 election crashes the party, and Joe Biden forgets where he is.

And then Kamala Harris runs, and guess who wins? In that election, Trump says he is voting yes on Florida Amendment 3, the adult-use marijuana initiative in his home state.

And then he also says that if he gets back to the White House, his administration will keep working toward medical use of marijuana as a Schedule III drug, work on safe banking, and support states making their own marijuana laws.

Think about that timeline for a second.

Biden starts the federal review.

HHS recommends Schedule III.

Biden's Justice Department proposes Schedule III.

And then the Republican running to replace him says, basically, keep moving towards Schedule III.

November 5th, Trump wins the election, 312 electoral votes to Kamala's 226.

And Florida Amendment 3 gets 55.9% of the vote, almost 6 million yes votes.

And it loses because Florida requires 60% to amend its constitution.

Now, Trump is headed back to the White House, having publicly supported Schedule 3, while the Biden administration's Schedule 3 rulemaking process is still crawling through the DEA.