There's no question about it… 2025 is going to be a wild card for the cannabis industry.
I had the honor of serving on a panel with Bryan Barash of Dutchie, Aaron Smith of the National Cannabis Industry Association, and Rod Kight who is a well-known and respected attorney and advocate for the hemp industry. Aside from the fantastic opportunity to learn from some of my favorite industry leaders, I had the chance to meet with many other creative and enthusiastic industry professionals who know we are facing a tumultuous 2025 and want to help provide informed perspectives to legislators.
Bryan and I had amicable disagreements as to whether Schedule 3 would be beneficial to the industry overall, but we both agreed that rescheduling or de-scheduling won't happen overnight in the Trump administration. The opposition managed to delay rescheduling through the administrative process until well into the new Republican-controlled administration, and the future of our industry has become increasingly impossible to predict or prepare for.
So what are cannabis businesses to do as they wait for our fate to be decided? Well, first and foremost, we must arm ourselves with knowledge. We need to understand how this process works and how it might play out under different circumstances to gauge a timeline for preparation.
Don't Hold Your Breath – Rescheduling Will Take A While
To be clear, the promised relief from 280E restrictions isn't coming any time soon. The administrative process grinds slowly even when an action is unopposed. When a change is as fiercely opposed as cannabis rescheduling, it moves as slowly as molasses in winter.
Here's a breakdown of what we're looking at for the timeline.
Evidentiary Hearings: Witness testimonies are scheduled to commence on January 21, 2025, and will continue every Tuesday, Wednesday, and Thursday through the week of March 3, 2025.
Judge's Recommendations: After the hearings conclude in March 2025, Judge Mulrooney will submit a report with his findings and recommendations to the DEA Administrator. There's no set timeline requirement for this deliberation. In the past, deliberations have taken from three to nine months once a hearing concluded. Still, considering the complexity of this issue, it could take even longer.
DEA's Final Decision: The DEA Administrator will review the judge's report to make a final determination on rescheduling, but they aren't required to take Judge Mulrooney's advice. In 1988, Administrative Judge Francis Young recommended that cannabis be moved to Schedule 2, but the DEA decided to leave it as Schedule 1 citing a lack of scientific evidence.
To complicate matters further, the hearings may be delayed due to objections from supporters and opponents who feel their side isn't adequately represented. This is an important distinction, as the final decision of the DEA will almost certainly be challenged in federal court, and the federal court will rely on the evidence presented at the administrative hearings. If the administrative hearing is stacked with mostly opponents and only weak supporters, the federal courts will be more likely to rule against rescheduling.
There are so many opportunities for rescheduling to be derailed that it's more likely than not we'll still be in limbo in 2026.
The Main Factors Of Our Uncertain Future
By far, the vast majority of people who approached me at MJBizCon wanted to know how they could help steer our industry's uncertain future in the face of so many legislative and regulatory threats. My answer is always to arm ourselves with information and connect whenever we can.
Make no mistake that this is a time of opportunity as well. Still, it will take a lot of work because the tide seems to be working against cannabis patients at the moment. To summarize:
- The House Appropriations Committee wants to block funding for rescheduling.
- They're also attempting to authorize federal enforcement against state legal activities using an end run around the Rohrabacher-Farr Amendment.
- A Farm Bill amendment will end hemp product access in the few states that haven't already banned access.
- The incoming Senate Majority Leader is staunchly anti-cannabis.
- If rescheduling does pass, cannabis will likely be even more restricted at the federal level than it is at the state level because conservative, anti-cannabis interests will shape the regulations and legislation.
In short, we're navigating significant challenges and diverse perspectives on cannabis policy. Despite this negative momentum, public support for cannabis has never been stronger. It's nearly universal at this point. Don't let yourself feel isolated by negative attacks.
Share Your Stories!
This challenge extends beyond legislation and requires a broader effort to foster understanding and awareness. Cannabis opponents see cannabis users as immature, uneducated, addicted, and sometimes even irrational and violent. They often view medical use as veiled recreational abuse. They're slow to believe in the medical benefits of cannabis and quick to believe unfounded and unreasonable correlations.
Cannabis patients can help challenge these misperceptions by sharing their stories. We need to show misinformed prohibitionists the science and the facts so clearly that they finally understand, that this isn't about America getting high, it's about getting healthy. It's about moving away from opiates and alcohol. It's argued by many that cannabis is an exit drug, not a gateway drug.
Tell your stories wherever you can. Write articles and letters to the editor sharing your experiences if you have the gift. Make videos on TikTok, YouTube, and other platforms. Don't let misguided opponents isolate us or shame us back into the closet. It's more important than ever for us to share our stories.
To that end, we're inviting our readers to share their own personal experiences with cannabis. If you have a story to tell, please submit it to us at debbie@getnugg.com. We'd love to share your experiences with the world to remind our opponents that cannabis is, first and foremost, medicine.
