The industry remains abuzz over President Biden’s call for a review of how cannabis is scheduled under federal law. Already, it seems, U.S. Health and Human Services Secretary Xavier Becerra is getting to work on that. “I think you’re going to find that we’re going to move as quickly as we can, but, at the end of the day, science is going to take us to a solution,” Becerra told a press scrum in Tampa last week. “The president was very clear—he wants this done as quickly as possible.” Perhaps more than Biden’s announcement itself, there’s the news. If Becerra is charged with an accelerated timeline, we may yet see swift action from an administration that’s otherwise been silent on the question of cannabis reform. But what kind of action should we expect? Aside from simply doing nothing, which is par for the cannabis course in D.C., the two main routes forward are rescheduling and descheduling the plant and its chemical constituents. That simple switch in prefixes amounts to a world of difference in what the future of cannabis looks like in the U.S. “Rescheduling” would see the U.S. Congress or the U.S. Drug Enforcement Administration place cannabis elsewhere on the list of categories under the Controlled Substances Acts—like Schedule II, where we find most opioids, or Schedule V, which is where we find Jazz Pharmaceuticals’ plant-derived CBD medication Epidiolex. Those substances listed in Schedule V have “a currently accepted medical use in treatment in the United States.” In theory, this route could very well push the extant cannabis market into a pharmaceutical-style regulatory regime, in which the U.S. Food and Drug Administration could very well have significant oversight. “Descheduling” would remove cannabis from the list altogether. In theory, this would preserve the state-by-state control over cannabis regulation. What Biden wants is unclear. But now is the time for all industry stakeholders to make their voices heard: Reschedule cannabis? Or deschedule cannabis? -Eric Sandy, Digital Editor |