LSB

SocialSuicideSquad

He's actually an LSB freak

GeoLogic23

[Courts have ruled](https://www.marijuanamoment.net/thc-o-qualifies-as-legal-hemp-under-federal-law-appeals-court-says-rejecting-deas-restrictive-stance/) that based on the 2018 Farm Bill it is only the Delta 9 THC content that determines if it is federally legal. >Specifically, the opinion says, “The Ninth Circuit held that it didn’t need to consider the DEA’s position on synthetically derived substances because **the definition of ‘hemp’ under the 2018 Farm Act was unambiguous in its application to** ***all*** **products derived from the cannabis plant**, ‘so long as they do not cross the 0.3 percent delta-9 THC threshold.'” Hemp is unambiguously "all" products derived from <0.3% Delta 9 THC plants. So in theory hemp products that are <0.3% Delta 9 THC are federally legal just like CBD. So I am not sure they would need re-scheduling. I am pretty sure if the FDA decided they wanted to regulate these products they could do so. [More info](https://crsreports.congress.gov/product/pdf/LSB/LSB11227#:~:text=Hemp%20is%20defined%20as%20the,subject%20to%20the%20CSA's%20controls) >"Rescheduling marijuana to Schedule III would not legalize the use of marijuana in food or dietary supplements because recreational uses of **marijuana are illegal under the CSA**." "Since the enactment of the 2018 farm bill, **the addition of hemp, including CBD, to food and dietary supplements does not violate the CSA**. Any food or dietary supplement that contains a form of hemp would still have to comply with FD&C Act requirements" "FDA has not determined that products containing **CBD, Delta-8 THC**, and other cannabinoids meet the FD&C Act’s **safety requirements** for food and dietary supplements" "**Since FDA has approved drugs** containing CBD and THC, FDA has taken the position that **CBD and THC** cannot legally be used in food or dietary supplements" The only reasons cited are not having enough safety information, and the drug exclusion clause. They clearly state hemp does not violate the CSA, and hemp has been defined as anything coming from <0.3% Delta 9 THC plant.

Technical_Alfalfa528

I keep watching it some more weeks, but I have new for Monday-Tuesday, just that post got rejected, I need to deep dive into the rules... they are: AMRN, TNXP, AKTS, and LSB

phatbob198

Once again, here is a [CRS report](https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://crsreports.congress.gov/product/pdf/LSB/LSB10655&ved=2ahUKEwiChcGZpcuJAxV9j4kEHWeXF5YQFnoECBgQAQ&usg=AOvVaw1uS698BbLLbWbGxFTf2-ng) from 2021 that says it cannot be done through executive order: >Does the President Have the Power to Legalize Marijuana? >...If the President sought to act in the area of controlled substances regulation, he would likely do so by executive order. However, the Supreme Court has held that the President has the power to issue an executive order only if authorized by “an act of Congress or... the Constitution itself.” The CSA does not provide a direct role for the President in the classification of controlled substances, nor does Article II of the Constitution grant the President power in this area (federal controlled substances law is an exercise of Congress’s power to regulate interstate commerce). **Thus, it does not appear that the President could directly deschedule or reschedule marijuana by executive order**. >Although the President may not unilaterally deschedule or reschedule a controlled substance, he does possess a large degree of indirect influence over scheduling decisions. The President could pursue the appointment of agency officials who favor descheduling, or use executive orders to direct DEA, HHS, and FDA to consider administrative descheduling of marijuana. The notice-and-comment rulemaking process would take time, and would be subject to judicial review if challenged, but could be done consistently with the CSA’s procedural requirements. In the alternative, the President could work with Congress to pursue descheduling through an amendment to the CSA...

phatbob198

I have yet to see a source showing the means by which an executive order could legalize cannabis. I would love to be proven wrong though. Edit: I found this [CRS report](https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://crsreports.congress.gov/product/pdf/LSB/LSB10655&ved=2ahUKEwiChcGZpcuJAxV9j4kEHWeXF5YQFnoECBgQAQ&usg=AOvVaw1uS698BbLLbWbGxFTf2-ng) from 2021: >Does the President Have the Power to Legalize Marijuana? >...If the President sought to act in the area of controlled substances regulation, he would likely do so by executive order. However, the Supreme Court has held that the President has the power to issue an executive order only if authorized by “an act of Congress or . . . the Constitution itself.” The CSA does not provide a direct role for the President in the classification of controlled substances, nor does Article II of the Constitution grant the President power in this area (federal controlled substances law is an exercise of Congress’s power to regulate interstate commerce). **Thus, it does not appear that the President could directly deschedule or reschedule marijuana by executive order**. >Although the President may not unilaterally deschedule or reschedule a controlled substance, he does possess a large degree of indirect influence over scheduling decisions. The President could pursue the appointment of agency officials who favor descheduling, or use executive orders to direct DEA, HHS, and FDA to consider administrative descheduling of marijuana. The notice-and-comment rulemaking process would take time, and would be subject to judicial review if challenged, but could be done consistently with the CSA’s procedural requirements. In the alternative, the President could work with Congress to pursue descheduling through an amendment to the CSA...

MontyNinjaPython

"If the President sought to act in the area of controlled substances regulation, he would likely do so by executive order. However, the Supreme Court has held that the President has the power to issue an executive order only if authorized by “an act of Congress or . . . the Constitution itself.” The CSA does not provide a direct role for the President in the classification of controlled substances, nor does Article II of the Constitution grant the President power in this area (federal controlled substances law is an exercise of Congress’s power to regulate interstate commerce). Thus, it does not appear that the President could directly deschedule or reschedule marijuana by executive order. Although the President may not unilaterally deschedule or reschedule a controlled substance, he does possess a large degree of indirect influence over scheduling decisions. The President could pursue the appointment of agency officials who favor descheduling, or use executive orders to direct DEA, HHS, and FDA to consider administrative descheduling of marijuana. The notice-and-comment rulemaking process would take time, and would be subject to judicial review if challenged, but could be done consistently with the CSA’s procedural requirements. In the alternative, the President could work with Congress to pursue descheduling through an amendment to the CSA.", written by Legislative Attorney Joanna R. Lampe. [https://crsreports.congress.gov/product/pdf/LSB/LSB10655](https://crsreports.congress.gov/product/pdf/LSB/LSB10655)

dbob624

$LSB

dbob624

$LSB

GeoLogic23

Flavor is probably a part of it, but terpenes are also what give different strains of cannabis their unique effects. Like if you are looking for a strain that is going to give you a heavy sedation feeling you want to find one with lots of the terpene myrcene. Other terpenes are supposedly better for other effects and medical conditions, but there is very little hard research on the matter. If you've heard people talking about "distillate" vs "LLR" cartridges, the primary reason that LLR cartridges are way better is that they retain the terpenes from the plant. Lots of times they add terpenes back into distillate to replicate those effects. Like I will take a 68% THC extract that also has 10% terpenes over an 85% pure THC extract any day. Even though I'd be getting more THC with the 85%, the overall effect is way better if you include terpenes. Getting back to flavor though. One super interesting thing to me is the potential for terpenes to be how tobacco companies get around flavoring bans in vapes. Note that in this bill it says you can't mix cannabinoids with tobacco. That's because any product that contains a tobacco derivative gets regulated as a tobacco product. [Marijuana rescheduling could allow CBD in tobacco, report says](https://mjbizdaily.com/cannabis-rescheduling-could-allow-hemp-in-tobacco-report-says/) [LSB11227](https://crsreports.congress.gov/product/pdf/LSB/LSB11227) *"So long as marijuana is classified as a controlled substance, it cannot legally be a component of a tobacco product for recreational purposes, even if the rescheduling rule is finalized, because the CSA does not authorize recreational uses of any controlled substance. Hemp, however, may be incorporated into tobacco products without running afoul of the CSA."* Since terpenes derived from hemp wouldn't be on the CSA, they could be added to tobacco products. And since they aren't already used in medicine (like CBD) they don't even have that regulatory hurdle to overcome. Here's an example of a company called [Terpene Belt Farms](https://lda.senate.gov/filings/public/filing/24e11f92-4892-4fe5-9b21-cc457492b7b3/print/) that is lobbying for hemp-derived flavoring extracts. Then you have someone like Bruce Linton who was all about the other products besides CBD you can produce from hemp. He is currently on a new company called [Maverick Lifestyle](https://www.sec.gov/Archives/edgar/data/1934836/000121390024013592/ea193011-s1a1_mavericklife.htm) that does hemp cigarettes. *"Our business is also engaged in the development of high speed rolling manufacturing technology specifically designed for the hemp and cannabis industry, such as converting high speed tobacco rolling machines to roll stickier products such as delta-8-THC, HHC infused hemp, packing machines to automatically package rolled products into consumer packaging ready for the shelf, factory scaled machines to process raw hemp and* ***the processes and equipment to add terpenes and flavors to hemp, to infuse hemp with cannabinoids*** *and to formulate into ready to roll base material"*

Neither_Arugula3149

> I don't expect them to do *all* that they can do, like Harris issuing an executive order descheduling cannabis (which is, I think, within the powers of the presidency, unlike most things that people *think* are under the control of the president). good question that i wasnt too sure about myself until a little digging. this is what i found: *If the President sought to act in the area of controlled substances regulation, he would likely do so by executive order. However, the Supreme Court has held that the President has the power to issue an executive order only if authorized by “an act of Congress or . . . the Constitution itself.”* ***The CSA does not provide a direct role for the President in the classification of controlled substances, nor does Article II of the Constitution grant the President power in this area (federal controlled substances law is an exercise of Congress’s power to regulate interstate commerce). Thus, it does not appear that the President could directly deschedule or reschedule marijuana by executive order.*** [https://crsreports.congress.gov/product/pdf/LSB/LSB10655](https://crsreports.congress.gov/product/pdf/LSB/LSB10655) granted, its arguable. but so is a lot of this in the legal and process sense.

PanicBuybeforeDump

[https://crsreports.congress.gov/product/pdf/LSB/LSB11188](https://crsreports.congress.gov/product/pdf/LSB/LSB11188) [https://crsreports.congress.gov/product/pdf/LSB/LSB11105](https://crsreports.congress.gov/product/pdf/LSB/LSB11105) [https://crsreports.congress.gov/product/pdf/IF/IF12715](https://crsreports.congress.gov/product/pdf/IF/IF12715)

LiabilityFree

Read this https://crsreports.congress.gov/product/pdf/LSB/LSB11105

LiabilityFree

Read this https://crsreports.congress.gov/product/pdf/LSB/LSB11105

PanicBuybeforeDump

"In May 2024, the Department of Justice (DOJ) proposed to move marijuana from Schedule I to Schedule III under the CSA. While Schedule III is less restrictive than Schedule I and allows for medical use of marijuana—only if approved by the Food and Drug Administration (FDA) and dispensed pursuant to a valid prescription—most of the current consequences of marijuana use or marijuana-related convictions would remain if marijuana moves to Schedule III." "If marijuana moves to Schedule III, most of the consequences for its use or for marijuana-related convictions would remain the same. While the use of marijuana by prescription for medical purposes would become lawful, marijuana products that are available in dispensaries in many states across the country are not currently available via lawful prescription. It is uncertain if or when these products might be approved for such use and available via lawful prescription if marijuana is rescheduled to Schedule III. Under federal law, a drug must be approved by the FDA before it may be marketed or prescribed in the United States. To date, FDA has approved one cannabis derived drug and three marijuana-related drugs that are available by prescription." (CRS Report) Source: [https://crsreports.congress.gov/product/pdf/IF/IF12715](https://crsreports.congress.gov/product/pdf/IF/IF12715) The FDA is never going to approve smokeable marijuana. Even if they did it's about a decade away "Rescheduling marijuana would not affect the medical marijuana appropriations rider. Thus, so long as the current rider remains in effect, participants in the state-legal medical marijuana industry who comply with state law would be shielded from federal prosecution. If the rider were to lapse or be repealed, these persons would again be subject to prosecution at the discretion of DOJ." "The prohibition on business deductions in Section 280E of the Internal Revenue Code applies to any trade or business that “consists of trafficking in controlled substances (within the meaning of schedule I and II of the Controlled Substances Act) which is prohibited by Federal law or the law of any State in which such trade or business is conducted.” Because the provision applies only to activities involving substances in Schedule I or II, moving marijuana from Schedule I to Schedule III would allow marijuana businesses to deduct business expenses on federal tax filings. Other collateral legal consequences would continue to attach to unauthorized marijuana-related activities." Source: [https://crsreports.congress.gov/product/pdf/LSB/LSB11105](https://crsreports.congress.gov/product/pdf/LSB/LSB11105) There is no reason to believe that Tilray has any advantage on the United States Medical Marijuana Market.

PanicBuybeforeDump

**Rescheduling marijuana would not affect the medical marijuana appropriations rider. Thus, so long as the current rider remains in effect, participants in the state-legal medical marijuana industry who comply with state law would be shielded from federal prosecution**. If the rider were to lapse or be repealed, these persons would again be subject to prosecution at the discretion of DOJ. With respect to the manufacture, distribution, and possession of recreational marijuana, if marijuana were moved to Schedule III, such activities would remain illegal under federal law and potentially subject to federal prosecution regardless of their status under state law. Some criminal penalties for CSA violations depend on the schedule in which a substance is classified. If marijuana were moved to Schedule III, applicable penalties for some offenses would be [https://crsreports.congress.gov/product/pdf/LSB/LSB11105](https://crsreports.congress.gov/product/pdf/LSB/LSB11105)