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As President Donald Trump prepares to announce a decision on marijuana rescheduling, a new poll from a religious conservative research firm again shows that a majority of Americans are ready for legalizing cannabis altogether. Trump voters, however, are largely not on board with the change—with the exception of younger ones. The survey—conducted by YouGov on behalf of the Ethics and Public Policy Center (EPPC)—was detailed in a post published by one of the organization’s lead researchers on his Family Matters blog last week. Overall, it found that 57 percent of respondents either “somewhat” or “strongly” support cannabis legalization. A demographic breakdown of age and political affiliation showed some familiar divides on the issue, with a majority of people aged 46 and older who voted for Trump in the last election (53 percent) oppose legalization. However, a 49 percent plurality of Trump voters 18-45 said they do back the reform. Among people who voted for former Vice President Kamala Harris in the last election, however, there was a somewhat unusual finding: More people in the older cohort (87 percent) said they support legalization than those in the younger cohort (71 percent). A majority of Republicans oppose marijuana legalization, with even young GOP voters are pretty split, and those with kids really don't like it. Rescheduling pot will make young men worse off — and it won't save the GOP in next year's midterms, either: https://t.co/gQR3o3S0rF https://t.co/scEFw0PdQc pic.twitter.com/ubWbgQr7X0 — Patrick T. Brown (@PTBwrites) December 12, 2025 Asked about the net effect of legalization on society, 68 percent of younger Harris voters said it leads to “more social benefits than costs,” and an even larger majority (82 percent) of older Harris voters said the same. By contrast, a majority of both younger and older Trump voters (59 percent and 67 percent, respectively) said legalization is associated with “more social costs than benefits.” Adults 18-45 without children were more supportive of ending prohibition at 60 percent, compared to 52 percent who are parents, the poll found. “This offers a sketch for what a new political coalition interested in curbing the excesses of our rapid entry into a world of widespread medical marijuana might look like,” EPPC’s Patrick Brown said, adding that if the Trump administration does move to reschedule marijuana, “conservatives and well-meaning liberals shouldn’t accept a new reality of capitalism-fueled marijuana availability without a fight.” “The concerns about what widespread weed could mean for children’s health—and young adults’ long-term outcomes—won’t have gone away, regardless of the profit motives involved,” he said. While this poll does show a partisan split on the issue with most Republicans against legalization, other independent surveys over recent years have signaled that ending prohibition is an increasingly bipartisan issue. That said, support among GOP voters dipped somewhat over the last year, according to a recent Gallup poll. A separate research firm associated with Trump survey of registered voters did recently show that a majority of Republicans back a variety of cannabis reforms, including rescheduling, states’ rights to legalize and marijuana industry access to banking services and stock exchanges. Sources familiar with the administration’s potentially imminent decision on marijuana reform haven’t been suggesting that the president intends to legalize marijuana, however. The proposal to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA) would mean it’d still be federally prohibited. But marijuana businesses could then start taking federal tax deductions, and it could help reduce certain research barriers associated with Schedule I drugs. There was also reporting this week indicating that the executive order on rescheduling that the president is expected to issue may also contain additional components touching on cannabis business banking access and Medicare coverage for CBD. On Monday, Trump said he is “very strongly” considering rescheduling cannabis in part to ease restrictions on research into its effects. Opponents of the policy change have stepped up their efforts to dissuade the administration from moving forward, arguing that a reclassification to Schedule III will further normalize marijuana use even though it would not federally legalize the plant. Rescheduling would, however, let marijuana businesses take federal tax deductions while reducing certain research barriers associated with Schedule I drugs. Rep. Andy Harris (R-MD), one of the more vocal prohibitionists in Congress, said this week that Trump doesn’t have the authority to unilaterally reschedule marijuana via executive order. But while lawmakers could overrule any administrative move to enact the reform, it would be a “heavy lift” in the Republican-controlled Congress, he acknowledged. Meanwhile, multiple top congressional Democrats are making the case that the modest reform would not go far enough—including Sen. Ron Wyden (R-OR) who said the move is only an attempt by the president to “gaslight” voters into thinking he legalized cannabis to boost his “pathetic” approval ratings. A major drug testing industry organization separately said it’s “sounding the alarm” amid the reports Trump may soon finalize the rescheduling proposal, arguing that the policy change would “have catastrophic consequences for the safety of the United States workforce and transportation sectors.” — Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — or what it’s worth, a White House spokesperson told Marijuana Moment last week that no actions have been finalized so far. Bipartisan congressional lawmakers have been weighing in on the potential rescheduling decision over the past week—with Democrats like Rep. Alex Ocasio-Cortez (D-NY) calling the reform a “no-brainer” and others like Rep. Andy Harris (R-MD) pushing back against the proposal. The Washington Post reported last week that Trump was planning to issue an executive order directing federal agencies to move ahead with cannabis rescheduling. The outlet also said the president met earlier this week in the Oval Office with marijuana industry executives, Health and Human Services Secretary Robert F. Kennedy Jr. and Centers for Medicare and Medicaid Services Administrator Mehmet Oz. During that meeting, Trump phoned Johnson, the House speaker, who expressed his opposition to rescheduling cannabis, If the administration does ultimately enact rescheduling, it would mark one of the most significant developments in federal marijuana policy since its prohibition a half a century ago, with a Schedule III reclassification recognizing that marijuana has medical value and a lower abuse potential compared to other Schedule I drugs like heroin. Photo courtesy of Mike Latimer. The post Most Americans Back Legalizing Marijuana, But Trump Voters Not On Board, Conservative Group’s Poll Shows Amid Rescheduling Rumors appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

Sen. Cory Booker (D-NJ) and Rep. Eleanor Holmes Norton (D-DC) have filed a bill in Congress to allow people living in federally assisted housing to use marijuana in compliance with state laws without having to fear losing their homes. Under current policy, people who live in public housing are prohibited from using controlled substances in those facilities regardless of state law, and landlords are able to evict them. The new bicameral legislation—titled the “Marijuana in Federally Assisted Housing Parity Act”—would change that. The bill would provide protections for people living in public housing or Section 8 housing from being displaced simply for using cannabis in states that have legalized it for medical or recreational purposes. Norton has filed similar versions of the proposal over recent sessions, but the reform has yet to be enacted. Booker joined Norton in sponsoring the legislation last Congress as well. “Tenants should not be discriminated against, evicted, or denied federally assisted housing for legally using marijuana or treating a medical condition in states where it is permitted,” Booker said in a press release on Wednesday. “The Marijuana in Federally Assisted Housing Parity Act would end these discriminatory practices and ensure tenants are not punished for personal choices made in accordance with state law.” The bill would further require the head of the U.S. Department of Housing and Urban Development (HUD) to enact regulations that restrict smoking marijuana at these properties in the same way that tobacco is handled. “Individuals living in federally funded housing should not fear eviction simply for treating their medical conditions or for seeking a substance legal in their state,” Norton said. “Increasingly, Americans are changing their views on marijuana, and it is time that Congress caught up with its own constituents. With so many states improving their laws, this issue should have broad bipartisan appeal because it protects states’ rights.” Marijuana is legal in 40 states, yet people in federally funded housing can still be evicted for using it. I introduced a bill with @SenBooker to fix this and align federal law with the 90% of Americans who support legal medical marijuana. pic.twitter.com/tR0ZjTyXYT — Eleanor #DCStatehood Holmes Norton (@EleanorNorton) December 17, 2025 In 2018, a Trump administration official said that she was working to resolve conflicting federal and state marijuana laws as it applies to residency in federally-subsidized housing, but it’s not clear what came of that effort. Norton sent a letter to HUD in 2021 that implored the department to use executive discretion and not punish people over cannabis in legal states. In response, the President Joe Biden’s HUD secretary told the congresswoman that it is statutorily required to continue denying federally assisted housing to people who use marijuana, even if they’re acting in compliance with state law. Booker and Rep. Maxwell Alejandro Frost (D-FL) filed a bill last year to repeal a decades-old federal statute that’s led to the denial of housing for millions of people with prior drug convictions. — Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — Rep. Alexandria Ocasio-Cortez (D-NY) also raised the issue during a committee hearing in 2019, pressing former HUD Secretary Ben Carson on policies that cause public housing residents and their families to be evicted for committing low-level offenses such as marijuana possession. Ocasio-Cortez and then-Sen. Kamala Harris (D-CA) also filed legislation that year that would protect people with low-level drug convictions from being denied access to or being evicted from public housing. Sen. Jeff Merkley (D-OR) also introduced an affordable housing bill in 2020 that included a provision to prevent landlords from evicting people over manufacturing marijuana extracts if they have a license to do so. The post New Congressional Bill Would Let People Use Marijuana In Public Housing Without Being Evicted appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

Cannabis industry observers believe it is increasingly likely that President Donald Trump will soon sign an executive order directing federal agencies to complete the marijuana rescheduling process. But multiple reports indicate that the directive could also contain additional components touching on cannabis business banking access and Medicare coverage for CBD. The exact details of the executive order aren’t clear, but White House sources seem to be coalescing around the idea that it will be signed on Thursday and will instruct the Justice Department to proceed with plans to move marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA). A source familiar with fluid discussions around the administrative action also told Marijuana Moment that Trump may couple the presidential directive with clemency for some people who have been convicted over federal marijuana offenses. Neither that plan, nor the reported details about cannabis banking or CBD and health care, have yet been confirmed, however. According to NBC News, the potentially imminent executive order may contain an explicit push from the president urging Congress to pass a bipartisan bill titled the Secure and Fair Enforcement Regulation (SAFER) Banking Act, which would prevent federal regulators for penalizing financial institutions simply for working with state-licensed marijuana businesses. The lack of banking access for the cannabis industry was also raised in a Senate subcommittee hearing on Tuesday. It’s also being speculated that the plan is to take a novel—albeit logistically complicated—approach to cannabinol, a non-intoxicating component of the cannabis plant that’s widely used as a health supplement. Sources have said that drafts of the executive order have called on the Centers for Medicare and Medicaid Services (CMS) to amend its rules to let people on Medicare receive reimbursements for the cannabinoid product. That potential reform was also floated in a video from The Commonwealth Project touting the health benefits of CBD that Trump shared on Truth Social in late September. CMS implemented a rule in April specifically stipulating that marijuana, as well as CBD that can be derived from federally legal hemp, are ineligible for coverage under its Medicare Advantage program and other services. But the agency has since revised the proposed rule, just weeks before the expected administrative order by Trump. Marijuana Moment reached out to the White House for clarification on the rumored executive order, but a spokesperson did not respond by the time of publication. On Monday, Trump said he is “very strongly” considering rescheduling cannabis in part to ease restrictions on research into its effects. Opponents of the policy change have stepped up their efforts to dissuade the administration from moving forward, arguing that a reclassification to Schedule III will further normalize marijuana use even though it would not federally legalize the plant. Rescheduling would, however, let marijuana businesses take federal tax deductions while reducing certain research barriers associated with Schedule I drugs. Rep. Andy Harris (R-MD), one of the more vocal prohibitionists in Congress, said this week that Trump doesn’t have the authority to unilaterally reschedule marijuana via executive order. But while lawmakers could overrule any administrative move to enact the reform, it would be a “heavy lift” in the Republican-controlled Congress, he acknowledged. Meanwhile, multiple top congressional Democrats are making the case that the modest reform would not go far enough—including Sen. Ron Wyden (R-OR) who said the move is only an attempt by the president to “gaslight” voters into thinking he legalized cannabis to boost his “pathetic” approval ratings. A major drug testing industry organization separately said it’s “sounding the alarm” amid the reports Trump may soon finalize the rescheduling proposal, arguing that the policy change would “have catastrophic consequences for the safety of the United States workforce and transportation sectors.” — Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — For what it’s worth, a White House spokesperson told Marijuana Moment last week that no actions have been finalized so far. Bipartisan congressional lawmakers have been weighing in on the potential rescheduling decision over the past week—with Democrats like Rep. Alex Ocasio-Cortez (D-NY) calling the reform a “no-brainer” and others like Rep. Andy Harris (R-MD) pushing back against the proposal. The Washington Post reported last week that Trump was planning to issue an executive order directing federal agencies to move ahead with cannabis rescheduling. The outlet also said the president met earlier this week in the Oval Office with marijuana industry executives, Health and Human Services Secretary Robert F. Kennedy Jr. and Centers for Medicare and Medicaid Services Administrator Mehmet Oz. During that meeting, Trump phoned Johnson, the House speaker, who expressed his opposition to rescheduling cannabis, If the administration does ultimately enact rescheduling, it would mark one of the most significant developments in federal marijuana policy since its prohibition a half a century ago, with a Schedule III reclassification recognizing that marijuana has medical value and a lower abuse potential compared to other Schedule I drugs like heroin. Photo courtesy of Philip Steffan. The post Trump’s Marijuana Rescheduling Order Could Include Industry Banking And CBD Medicare Coverage Provisions, Sources Say appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

A Republican gubernatorial candidate in Maine is imploring voters not to sign a petition to put a “really dumb” initiative on next year’s ballot that would roll back the state’s adult-use marijuana legalization law. The measure, if approved, would also revise the regulatory structure of the medical cannabis program by imposing product testing requirements. “It’s dumb. It’s a dumb idea. Let’s focus on the things that really matter—the things that are going to make Maine a better place,” David Jones, a real estate executive who previously ran for governor in 2006, said. “Give law enforcement the opportunity to enforce the laws. Get rid of these illegal Chinese grows,” he said. “There’s tens of thousands of people who use cannabis. There’s people who invest their life savings [to enter the market]. This is an industry that generates over a half a billion dollars a year.” ‘I think we just have to focus on the things that make sense. And this, I’m sorry, just does not make sense,” Jones said. “So please do not sign that petition. It doesn’t make any sense. Stand with me on this, and let’s do what we can to make Maine great again.” The proposal that officials cleared for signature gathering earlier this month—“An Act to Amend the Cannabis Legalization Act and the Maine Medical Use of Cannabis Act”—is a revised version of a marijuana initiative filed in September that was backed by a Republican state senator and a former top staffer to then-Gov. Paul LePage (R), a staunch prohibitionist. If the latest measure makes the ballot and gets approved, it would remove and amend multiple sections of current state statute—aimed at effectively repealing the legalization of recreational marijuana sales that voters passed in 2016. Possession of up to 2.5 ounces of cannabis by adults 21 and older would remain legal under the proposal, but a section of the law permitting home cultivation would be repealed. Medical marijuana sales and home cultivation would remain legal. Madison Carey, who was listed as the chief petitioner of the original version of the repeal initiative and remains involved in the current campaign, told Marijuana Moment last week that “there needs to be regulations on marijuana,” arguing that her experience recovering from an opioid misuse disorder speaks to the insufficiency of current law. “My hope is to just bring awareness to the reality of the potential dangers of not having regulations,” she said. “I think people are fed up with the constant use—the constant [retail businesses] coming up where people can now legally purchase marijuana.” Of course, repealing the voter-approved law that enacted a system of licensed adult-use sales would eliminate the current regulatory infrastructure that’s in place, which reform advocates argue helps mitigate the public health and safety risks associated with the illicit market. Rep. David Boyer (R), who led the fight to pass the cannabis legalization initiative on Maine’s ballot in 2016 when he was a staffer for the Marijuana Policy Project, said voters should refuse to sign petitions for the new initiative. “Don’t sign away Maine’s progress—decline to sign this misguided repeal initiative,” he told Marijuana Moment last week. “Repealing cannabis legalization would shutter an industry bigger than lobsters, potatoes and blueberries put together, costing jobs, revenue and economic growth for our state.” Under the new measure, the director of the Office of Cannabis Policy would face a mandate to “promote the health and well-being of the people of the state and advance policies that protect public health and safety, emphasizing the health and well-being of minors, as priority considerations in performing all duties.” They would also have to “ensure that qualifying patients maintain access to high-quality, effective and affordable cannabis for medical use under this Act.” Under the proposal, the Department of Administrative and Financial Services would be required to create a testing program for cannabis products, requiring dispensaries and caregivers to submit such products to a licensed facility for a safety assessment before they’re distributed to qualified patients. The testing facility would need to “ensure that the cannabis or cannabis product does not exceed the maximum level of allowable contamination for any contaminant that is injurious to health and for which testing is required and to ensure correct labeling.” “The department shall adopt rules establishing a testing program pursuant to this section, rules identifying the types of contaminants that are injurious to health for which cannabis and cannabis products must be tested under this chapter and rules regarding the maximum level of allowable contamination for each contaminant,” the ballot initiative text states. Further, regulators would need to administer a system for tracking cannabis plants from seedings to the point of retail sale or disposal. That system would have to “allow for cannabis plants at the stage of cultivation and upon transfer from the stage of cultivation to another registrant to be tracked by group.” Activists must submit at least 67,682 valid voter signatures by February 2, 2026 in order to qualify for next year’s ballot. If approved by voters, the initiative would take effect beginning on January 1, 2028. — Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — Maine legislators in June rejected a bill to legalize possession of up to one ounce of psilocybin by adults 21 and older. That followed a separate effort in the state last year to legalize psilocybin and allow adults to access the psychedelic at state-licensed facilities. But lawmakers watered down that bill—amending it to create a commission to further explore the reform instead—and it ultimately did not pass. Meanwhile, Maine lawmakers in February voted to investigate possible conflicts of interest by a top marijuana official. And last year, a law took effect allowing people to apply to have records of now-legal marijuana crimes sealed. Photo courtesy of Chris Wallis // Side Pocket Images. The post Maine Initiative To Roll Back Marijuana Legalization Is ‘Really Dumb,’ GOP Gubernatorial Candidate Says appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

A GOP congressman says President Donald Trump doesn’t have the authority to unilaterally reschedule marijuana via executive order. But while lawmakers could overrule any administrative move to enact the reform, it would be a “heavy lift” in the Republican-controlled Congress, he acknowledged. Rep. Andy Harris (R-MD)—a staunch prohibitionist who recently helped secure provisions in a spending bill Trump signed that would effectively recriminalize hemp—shared his views about the marijuana rescheduling proposal and limitations of a Schedule III reclassification under the Controlled Substances Act (CSA) on Tuesday during a webinar organized by the National Drug and Alcohol Screening Association (NDASA). Harris adamantly opposes the potential rescheduling action, arguing that it would further normalize marijuana use and do little to expand research opportunities to examine the plant’s health benefits or risks. And he said the president was mistaken when he said on Monday that reclassification is necessary to conduct the research. The congressman also argued that Trump is “technically” wrong if he’s under the impression he can move marijuana from Schedule I to Schedule III with a stroke of the pen on an executive order. Rescheduling wouldn’t legalize marijuana, but it’d be a historically symbolic recognition that cannabis holds medical value, while enabling marijuana businesses to take federal tax deductions available to other industries. “He can tell any agencies to make every effort” by executive order Harris acknowledged, “but I’m not sure that it’s legal for the president to do it.” “Obviously the executive branch can do it without congressional input. We could always override it, but that would be a heavy lift,” he said. Harris also touted the fact that he’s “led the charge against recreational marijuana in the District of Columbia for over 10 years,” primarily by ensuring the continuing annual renewal of an appropriations rider barring Washington, D.C. from using its tax dollars to legalize marijuana sales, despite voters approving legalization over a decade ago. “I don’t believe that it’s a safe drug to have out there,” he said, adding that the process of getting a medical marijuana recommendation that permits access at the state level is a “scam” and “we don’t really need to reschedule it.” While the president said a Schedule III reclassification would bolster research into cannabis, Harris said he’s worked across the aisle with Democrats such as former Rep. Earl Blumenauer (D-OR), a key champion of legalization, to address the study barriers issue through separate legislation they passed and which was signed into law by President Joe Biden. Blumenauer “thinks that if you do all the research, you’re going to show all these great things marijuana does medically,” Harris said. “I think, if you do the research, you’ll find out there’s very little that marijuana is actually a first-line or even a second-line drug.” “To use doing research as an excuse to go from schedule one to schedule three is just not fair. It’s not accurate. You can do all the research you want on Schedule I,” he said. However, that’s not strictly true, as researchers interested in studying Schedule I drug must obtain Drug Enforcement Administration (DEA) approval to use or import those substances and follow other more stringent reporting requirements that even the head of the National Institute on Drug Abuse (NIDA) has described as excessively burdensome. “We have to join arms in this and say, rescheduling ‘is just not right’ and ‘not a good decision for the health of America,'” Harris said. “That’s the bottom line. I think there is no evidence that it’s good, and there’s plenty of evidence now that chronic use of marijuana—especially in teenage years, especially before the brain is fully formed—is probably just a bad idea, and encouraging in any way, shape or form, such as reducing the scheduling, just has no basis in science or medical fact.” “I’m hoping that there is some pushback from within the administration by calmer, cooler heads saying, ‘time out—let’s think this through very carefully. Let’s get the experts in from the administration.’ And I don’t mean the marijuana industry, because we know their famous meetings with the president, with people who make a lot of money in that industry. I mean the scientists like [NIDA Director Nora Volkow] to sit down and to talk some sense into the people who would otherwise consider this.” Meanwhile, another GOP congressman said on Monday that Trump would be “wrong” to move forward with the plan to reschedule marijuana, which he described as a “gateway drug” that leads to the use of “harder substances”—despite numerous studies contradicting that theory. Though speculation about an imminent action has been swirling this month, it remains to be seen whether Trump will ultimately fulfill his campaign promise to move cannabis to Schedule III. He endorsed the reform—as well as industry banking access and a Florida adult-use legalization initiative—on the campaign trail last year. But he’s since been largely silent on the issue since taking office during his second term, unless prompted by reporters. Meanwhile, multiple top congressional Democrats are making the case that the modest reform would not go far enough—including Sen. Ron Wyden (R-OR) who said the move is only an attempt by the president to “gaslight” voters into thinking he legalized cannabis to boost his “pathetic” approval ratings. A major drug testing industry organization separately said it’s “sounding the alarm” amid the reports Trump may soon finalize the rescheduling proposal, arguing that the policy change would “have catastrophic consequences for the safety of the United States workforce and transportation sectors.” — Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — Cannabis industry stakeholders are holding out hope that the reform will be achieved as soon as possible, but opponents—including NDASA and Smart Approaches to Marijuana (SAM)—are working to dissuade the administration before a final decision is made. For what it’s worth, a White House spokesperson told Marijuana Moment last week that no actions have been finalized so far. Bipartisan congressional lawmakers have been weighing in on the potential rescheduling decision over the past week—with Democrats like Rep. Alex Ocasio-Cortez (D-NY) calling the reform a “no-brainer” and others like Rep. Andy Harris (R-MD) pushing back against the proposal. The Washington Post reported last week that Trump was planning to issue an executive order directing federal agencies to move ahead with cannabis rescheduling. The outlet also said the president met earlier this week in the Oval Office with marijuana industry executives, Health and Human Services Secretary Robert F. Kennedy Jr. and Centers for Medicare and Medicaid Services Administrator Mehmet Oz. During that meeting, Trump phoned Johnson, the House speaker, who expressed his opposition to rescheduling cannabis, If the administration does ultimately enact rescheduling, it would mark one of the most significant developments in federal marijuana policy since its prohibition a half a century ago, with a Schedule III reclassification recognizing that marijuana has medical value and a lower abuse potential compared to other Schedule I drugs like heroin. Photo courtesy of Philip Steffan. The post GOP Congressman Says Trump ‘Technically’ Can’t Reschedule Marijuana On His Own, But Reversing It In Congress Would Be A ‘Heavy Lift’ appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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Bill targets online marijuana ads; Senator attends hemp biz opening; GOP lawmaker: Cannabis a “gateway drug”; Prohibitionist filing in SCOTUS gun case Subscribe to receive Marijuana Moment’s newsletter in your inbox every weekday morning. It’s the best way to make sure you know which cannabis stories are shaping the day. Get our daily newsletter. Email address: Leave this field empty if you're human: Your support makes Marijuana Moment possible… BREAKING: Journalism is often consumed for free, but costs money to produce! While this newsletter is proudly sent without cost to you, our ability to send it each day depends on the financial support of readers who can afford to give it. So if you’ve got a few dollars to spare each month and believe in the work we do, please consider joining us on Patreon today. https://www.patreon.com/marijuanamoment / TOP THINGS TO KNOW The Senate Banking Subcommittee on Financial Institutions and Consumer Protection took testimony on marijuana businesses’ financial services access problems—with Nevada’s former top cannabis regulator saying the issue makes state officials’ jobs harder. The House Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade approved a bill called the Kids Online Safety Act that would require online platforms to take steps to prevent minors’ access to potentially sensitive content—including advertisements for cannabis products and certain other drugs and services. Sen. Rand Paul (R-KY) attended a ribbon cutting ceremony at a new hemp store, saying he’s “working on new legislation” to reverse the looming federal recriminalization of THC products that was signed into law by President Donald Trump. Rep. Mike Lawler (R-NY) said President Donald Trump would be “wrong” to reschedule marijuana—calling it a “gateway drug.” Smart Approaches to Marijuana and other prohibitionist groups filed a brief asking the Supreme Court to uphold the law banning gun possession by cannabis consumers—alleging that marijuana is more dangerous than alcohol and makes people more prone to psychosis and violence despite it being “marketed as a ‘chill’ drug by its peddlers.” A study of Olympic and elite-level athletes found that “CBD users cumulatively agreed or strongly agreed that CBD is safe (96%); improved sleep (93%) and relaxation (90%); and reduced pain from training (77%).” “Many athletes expressed concerns about the potential for inadvertent anti-doping rule violations due to CBD product contamination with THC or other banned cannabinoids.” The Missouri Division of Cannabis Regulation is proposing changes to rules for marijuana social equity microbusinesses in order to address “predatory” contracts that have led to the revocation of previously awarded licenses. / FEDERAL White House Chief of Staff Susie Wiles said former Department of Government Efficiency head Elon Musk is “an avowed ketamine [user]” and then denied saying it despite a reporter recording it on tape. The U.S. Sentencing Commission is accepting public comments on proposed amendments to federal sentencing guidelines. Rep. Dina Titus (D-NV) discussed momentum for marijuana policy reform. The House bill to create a path for patients to use Schedule I drugs got two new cosponsors for a total of nine. / STATES A New Mexico cannabis company CEO launched a gubernatorial campaign as a Republican. Florida’s attorney general tweeted, “We are seeing a rise in the dangerous consequences of marijuana use on young people. As ER visits go up, my office will be investigating how these products are getting into kids’ hands.” Kansas’s attorney general reacted to a lawsuit challenging recent raids on sellers of allegedly illegal cannabis products. Nebraska’s attorney general said the federal recriminalization of hemp THC products is a “very significant win for the country.” The New Jersey Senate Budget and Appropriations Committee approved a bill to restrict hemp products. An Ohio representative discussed his reasons for voting against a bill to alter the voter-approved marijuana legalization law and institute restrictions on hemp products. New York regulators published updated marijuana packaging, labeling and marketing rules. Maryland regulators filed proposed changes to cannabis tax rules. Colorado regulators published guidance on changes to marijuana rules. Vermont regulators will consider marijuana purchase limits guidance, multi-dose gummies and other issues on Wednesday. — Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — / LOCAL The Boston, Massachusetts Cannabis Board will meet on Wednesday. / INTERNATIONAL Khyber Pakhtunkhwa, Pakistan’s government is moving to legalize cannabis cultivation. / SCIENCE & HEALTH A study found that “CBD has therapeutic potential in the treatment of [autism spectrum disorder] symptoms, especially behavioral and emotional problems.” A study found “positive feedback regarding CBD’s use for insomnia, indicating that most users perceive it as an effective treatment for this condition.” A review concluded that “cannabinoids, especially CBD, exhibit significant potential as adjuvant or alternative treatments for inflammatory, infectious, and autoimmune skin diseases.” / ADVOCACY, OPINION & ANALYSIS Colorado Leads, American Trade Association for Cannabis and Hemp), Massachusetts Cannabis Coalition and Nevada Cannabis Association filed an amicus brief in a U.S. Tax Court case challenging the 280E penalty on marijuana businesses. / BUSINESS Organigram Global Inc. reported quarterly net revenue of C$80.1 million and a net loss of C$38.0 million. Michigan retailers sold $259.7 million worth of legal marijuana products in November. Make sure to subscribe to get Marijuana Moment’s daily dispatch in your inbox. Get our daily newsletter. Email address: Leave this field empty if you're human: The post Cannabis banking issues debated in Senate committee (Newsletter: December 17, 2025) appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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As President Donald Trump affirms that his administration is “very strongly” considering a proposal to reschedule marijuana, bipartisan senators raised the issue during a hearing with a former state cannabis regulator who testified about the unique challenges federal prohibition imposes on state regulators. While attention within the cannabis community is largely focused on a potentially historic rescheduling decision by Trump, the Senate Banking Subcommittee on Financial Institutions and Consumer Protection on Tuesday discussed the adjacent issue for the marijuana industry: The lack of banking access for cannabis companies under federal prohibition. Tyler Klimas—who served as executive director of the Nevada Cannabis Compliance Board (CCB) and was a founding member of the Cannabis Regulators Association (CANNRA) before becoming the founder of Leaf Street Strategies—testified before the panel as the Democratic minority’s witness. Sen. Catherine Cortez Masto (D-NV), the Democratic ranking member of the panel, said that “we want to make sure that all Americans have a fair access to banking,” and that includes state-regulated marijuana businesses such as those in her state. “There are so many Nevada business owners who have opened legal cannabis businesses and created jobs across our state,” the senator said, adding that she also hopes Congress will pass a bipartisan bill titled the Secure and Fair Enforcement Regulation (SAFER) Banking Act “Even if the president reschedules marijuana, that will not address the limits on banking services that are harmful for our Nevada cannabis growers and retailers, as well as others in the cannabis industry across the nation,” she said. “In 2026 I hope we hold more discussions on addressing banking by cannabis businesses and strengthening consumer protection.” Chairman Thom Tillis (R-NC)—who has stood out among his Republican colleagues as someone who’s backed regulating cannabis to some extent at the federal level—said he “absolutely” agreed with the ranking member that the marijuana banking issue should be addressed. “I mean, we’ve got to realize that two-thirds of the states have legal cannabis operations—either medicinal or recreational. I’m a free market capitalist,” he said. “Whether or not I agree with a given market activity, if it exists, the federal government should exist to regulate it and also [prevent] bad actions.” The chairman said, however, that he’s “not quite there on the SAFER Banking Act,” because he feels it serves as a “forcing mechanism for a more comprehensive framework.” And he remains concerned about how to strike the right regulatory balance to permit licensed marijuana businesses to bank while preventing certain industry marketing tactics—such as advertising products that look like Oreos—that might make their products appealing to youth.” “All of this stuff is Wild Wild West right now,” Tillis said, “and we’ve got to get it under control.” Klimas, for his part, said in testimony submitted to the subcommittee that “no discussion of this issue is complete without addressing the challenges facing the cannabis industry and the role policy solutions like the SAFER Banking Act can play in addressing them.” “Today, 40 states and territories have developed regulated cannabis markets, supporting hundreds of thousands of jobs and generating billions in state tax revenue. Yet many of these state-legal businesses continue to struggle to access basic financial services,” he said. “As a result, they remain cash-intensive, creating a significant public safety risk and an economic burden on small and medium-sized businesses that already operate on thin margins.” He added that the enactment of the SAFER Banking Act would “provide the certainty financial institutions need to serve this growing industry, while also making communities safer and improving transparency and accountability in the marketplace.” Klimas emphasized that, beyond the financial consequences for state-licensed cannabis businesses, current policy complicates the job for state regulators. “In Nevada, our regulation of cannabis risked disrupting the state’s entire relationship with its banking partner, forcing us to spend countless hours to find creative workarounds and issue guidance to the industry on what language to avoid putting on payment notices,” he said. “Instances like these are common in other states.” Noting recent developments at the federal level—with Trump confirming active consideration of rescheduling marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA)—the former state regulator said the reform would represent a “monumental recognition of the medical benefits of cannabis and an opening of pathways to more research and better public health policy.” However, “rescheduling alone does not alleviate the current banking challenges nor does it have any impact on safe harbor for financial institutions,” Klimas said. “Congressional action is still needed, perhaps now more than ever.” (Disclosure: Klimas supports Marijuana Moment’s work via a Patreon pledge.) He added that without “greater engagement by financial institutions, we are also left with a growing lack of insight and transparency into licensed operators in state markets.” “This, too, directly impacts public safety. In Nevada, we drew from our world-renowned gaming regulatory model, to implement one of the nation’s most comprehensive cannabis investigations divisions. We understood the importance not only of compliance, but of understanding exactly who was operating in our state industry and ultimately who was profiting from it. While states enjoy incredible insight into supply chains through mandatory tracking systems, reconciling that information with the financials of companies that have difficulty maintaining banking relationships, or deal mainly in cash, makes that job extremely difficult.” Consequently, “this creates opportunity for bad actors to exploit the lack of transparency and challenges in oversight, simply because we have yet to fill this policy gap,” he said. Many banks continue to resist accepting even state-licensed cannabis businesses as clients because of the potential risk of federal enforcement action given that marijuana remains a Schedule I drug under the CSA. However, some banks and credit unions have taken that gamble, while following Obama-era reporting guidance to mitigate the risk. “I understand the desire to put effort behind a more comprehensive federal regulatory framework for cannabis. That is a goal shared with most in this industry,” Klimas said. “But each day we wait on commonsense measures like the SAFER Banking Act, we’re hurting businesses, creating obstacles for employees trying to earn a living, and providing cover for bad actors to persist.” Notably, the former Nevada official said that the recent enactment of a spending bill containing provisions to recriminalize much of the hemp market means there’s “even greater pressure and urgency on the need for legislation like the SAFER Banking Act,” a bill that prevents federal regulators from penalizing banks simply for servicing licensed cannabis businesses. “There are thousands of hemp companies that will be thrown into the same turmoil next November when the change in definition goes into effect,” Klimas said. “Even when financial institutions do enter the space, they take on risk due to that uncertainty, risk that results in high administrative and compliance costs. These costs are then passed on to cannabis businesses in the form of high fees. And for the cannabis businesses that do find banking partners, many must look outside of their state to do so. In many cases, the full suite of banking services a normal business would expect, like lending and credit products, are unavailable to cannabis banking customers, despite the high cost of fees.” “Businesses that support or engage with the cannabis industry, like industrial suppliers, agriculture vendors, commercial and industrial real estate firms, and even automotive dealers, fall victim to many of the same banking challenges because of their association with cannabis,” he said, concluding that “allowing clear and certain access to the financial system for state-legal cannabis businesses does not amount to the federal legalization of cannabis.” “Legislation like the SAFER Banking Act enhances and strengthens regulatory oversight and allows financial institutions to rightfully serve businesses in their communities without unnecessary fear or uncertainty,” he said. The hearing took place about two weeks after a GOP member of the House Financial Services Committee, Rep. Warren Davidson (R-OH), raised the cannabis banking issue with Comptroller Jonathan Gould at a meeting of that panel. Despite the increased attention to the issue, the prospects of advancing something like the SAFER Banking Act in the near future seem doubtful. Multiple key House and Senate lawmakers told Marijuana Moment last month that the issue has taken a back seat to other legislative priorities. Sen. Bernie Moreno (R-OH), who is expected the carry the marijuana banking measure in his chamber this Congress, previously said that he imagined the bill would come up over the fall. Those comments came before a historically long government shutdown, however, and the bill has not yet been filed in either chamber for the current session. Sen. Jeff Merkley (D-OR), who has sponsored the legislation in prior sessions, told Marijuana Moment that the banking issue is among those Congress has put “on the back burner,” with Democrats focused on other priorities such as preserving health care subsidies under the Affordable Care Act. On the House side, Rep. Lou Correa (D-CA) said “it feels like I’ve heard nothing” about the path forward for SAFE Banking, and he feels “by now we should’ve had some buzz on it.” The House has passed versions of the legislation seven times over recent sessions. It advanced out of committee in the Senate last Congress, but it was not taken up on the floor. One of the most proactive anti-cannabis lawmakers on Capitol Hill, Rep. Andy Harris (R-MD), told Marijuana Moment that he’s not sure about the status of the banking bill but he remains of the mind that, “if it’s illegal at the federal level, it should be kept out of the banking system.” “But it’s the will of the chamber. My position hasn’t changed,” he said. “I don’t hear that [the bill is moving], but it’s been tried before. It may succeed this year. I don’t know.” The comments from the bipartisan and bicameral lawmakers came about a month after bipartisan senators said they remain eager to advance the marijuana banking measure—though there was disagreement about whether a possible decision from Trump to reschedule cannabis would open the door to passing additional reforms in Congress. Sen. Steve Daines (R-MT), who’s been the lead GOP sponsor of that banking measure in past sessions, said he’s “not sure absolutely” whether moving marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA) would meaningfully affect how his colleagues approach the financial services legislation. He said “many senators hold strong opinions,” and “they keep those opinions separate from SAFE Banking.” Unlike Daines, Sen. Ron Wyden (D-OR) said rescheduling would send a “huge message” to his colleagues about the need to “finally come up with a modern approach” to marijuana laws. Moreno, for his part, said he did feel that Trump advancing rescheduling would be an “important domino” to advance the bipartisan cannabis banking legislation. The upcoming House committee hearing comes months after senators on both sides of the aisle addressed the lack of banking access for the marijuana industry at a separate hearing in February, with one GOP member suggesting that the issue warrants a broader examination of federal cannabis policies. — Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — Meanwhile, during a House Appropriations Committee markup in September, Rep. Betty McCollum (D-MN) criticized the exclusion of provisions to protect banks that work with state-licensed marijuana and hemp businesses from a key spending bill. Relatedly, a bipartisan coalition of 32 state and territory attorneys general from across the U.S. recently called on Congress to pass a marijuana banking bill to free up financial services access for licensed cannabis businesses. In January, the office of Rep. Dave Joyce (R-OH), who is again leading the effort on the House, told Marijuana Moment that he would be filing the cannabis banking legislation this session but that its introduction was “not imminent” as some earlier reports had suggested. The post Bipartisan Senators Discuss Marijuana Industry Banking Issues As Trump ‘Strongly’ Considers Rescheduling appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

A GOP senator attended a ribbon cutting ceremony for a Kentucky hemp business on Monday, where he again previewed a forthcoming bill to regulate the crop as an alternative to its pending recriminalization under legislation that President Donald Trump signed last month. Sen. Rand Paul (R-KY) spoke about hemp policy issues and his plan to avert the new federal ban, which is set to take effect next November, at an event marking the opening of a Cornbread Hemp location in Louisville. When hemp’s potential federal legalization was being considered as part of the 2018 Farm Bill that Trump signed in his first term, Paul said he thought that’d be “great,” particularly for Kentucky farmers who’ve seen losses as demand for tobacco has decreased. Creating a cannabis industry would also support ancillary businesses that aren’t plant-touching, he said. Hemp legalization has been a “great success,” Paul added, “and I don’t want government to stifle this” He also addressed arguments supporting the hemp ban that he described as “untrue,” including the idea that all cannabinoid products are being sold at gas stations and marketed in a way that targets youth. Kentucky—which enacted a regulatory framework for hemp that aims to mitigate those issues—is an example of how cannabis products can be responsibly sold to adult consumers, Paul said. I joined Cornbread Hemp at their ribbon cutting for their newest facility in Louisville. I am fighting to stop this industry-ending ban and standing up for our farmers. Thank you for having me, @CornbreadHemp. — Senator Rand Paul (@SenRandPaul) December 16, 2025 “I am worried about the legislation,” the senator added, referencing the appropriations measure that Trump signed last month with hemp ban provisions left intact despite Paul’s efforts to remove them. “We are working on new legislation, but I’ve got to convince my colleagues to change their opinion.” “I think one of the ways we may be able to get this new legislation passed is simply not to set exact federal parameters, but to say, ‘look, if your state already regulates hemp, why don’t we let your state make these decisions—not the federal government. There still will be the question of going across state lines we have to tackle. We’re in the process of listening to people in the business, listening to the farmers and trying to come to some conclusion that we’ve got to change their minds. We have about a year.” The senator—who laid partial blame for the pending hemp ban on alcohol and marijuana interests—also made the case that text of the recently enacted spending bill would effectively prohibit the sale of not just consumable cannabinoid products but also plants used for “non-edible purposes” such an clothing and building materials. That reflects the “idiocy” of the measure, he said. Paul pointed to Cornbread Hemp as a business that would likely be unfairly impacted by the hemp policy change, and he said the opening of its latest facility is “good for Louisville” to support consumers and promote job creation. “I think we should be open-minded to allowing adults to choose what they would like to take for a variety of conditions. And, apparently, millions of people think this is helpful to them–and then some simply use it as a drink to feel some effect as maybe having a beer,” Paul said. “But I’m proud of the companies.” Today, Sen. @RandPaul cut the ribbon to officially open the @CornbreadHemp retail store and public tours. pic.twitter.com/8GKVwLmd1W — Jim Higdon (@jimhigdon) December 16, 2025 Paul has been sounding the alarm for weeks about the potential consequences of the hemp recriminalization provisions, which he said would cause mass job losses and a $25 billion industry to be “wiped out.” The senator initially said he’d be imminently filing a bill to address the issue last month, describing the legislation during a webinar organized by the Kentucky Hemp Association. So far, the text has not been released, but Paul said it would make it so state policy regulating hemp cannabinoid products—with basic safeguards in place to prevent youth access, for example—”supersedes the federal law.” “I like the approach of doing it [this way], because it’s not a direct repeal, and we’re [doing] an end-run around him,” Paul said. “And if a state doesn’t have laws—and they want to have a hemp industry—they’d get pretty busy at their state legislature and go ahead and put something in place so they can have a hemp industry, because I don’t think you can have one under [Senate Majority Leader Mitch McConnell’s (R-KY)] law.” Stakeholders say the new definition will devastate the market, as even non-intoxicating CBD items typically exceed the proposed 0.4 mg THC per container limit that is set to be enforced around this time next year. Since a majority of his colleagues in the Senate opted to advance the appropriations bill, however, “now I’m asking them to repeal something they’ve already voted for,” Paul said. “But if I ask them to vote for language that lets their state make the decision on regulation, we might get more votes.” Opposition to the ban crosses party lines, too. For example, Sens. Ron Wyden (D-OR) and Jeff Merkley (D-OR) introduced a bill last week to create a federal regulatory framework for hemp-derived cannabinoids and allow states to set their own rules for products such as CBD. The measure is conceptually similar to what Paul previewed about his own legislation, but it also includes additional prescriptive regulatory controls that may conflict with the GOP senator’s more libertarian principles. On the other end of the debate, Rep. Andy Harris (R-MD), who helped secure the hemp re-criminalization language, said last month that he’s not concerned about attempts to undercut the enacted law, brushing off arguments about the possible consequences of the policy change as “desperate mistruths from an industry that stands to lose billions of dollars by selling intoxicants to children.” — Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — Overall, there’s been widespread outcry over the pending hemp re-criminalization law, drawing criticism from parents of cannabis patients, veterinarians and influencers like Joe Rogan, for example. In response to the hemp ban, Rep. Nancy Mace (R-SC) filed a bill that would strike the contested provisions of the appropriations legislation. But some stakeholders worry that approach could backfire, and they’re hoping to see bipartisan bills introduced in he near future that would provide a robust regulatory model for intoxicating hemp products as a viable alternative to blanket prohibition. Meanwhile, GOP political operative Roger Stone said last month that Trump was effectively “forced” by Republican lawmakers to sign the spending bill with the hemp THC ban language. However, a White House spokesperson said prior to the bill signing that Trump specifically supported the prohibition language. The Democratic governor of Kentucky said last month that the hemp industry is an “important” part of the economy that deserves to be regulated at the state level—rather than federally prohibited, as Congress has moved to do. Also, a leading veterans organization is warning congressional leaders that the newly approved blanket ban on consumable hemp products could inadvertently “slam the door shut” on critical research. While many hemp stakeholders say the ban would effectively eradicate the industry–even applying to nonintoxicating CBD products that people use for medical reasons—there’s latent hope that they can strike a compromise deal with lawmakers before the prohibition is implemented this time next year. Lawmakers such as Sen. Chris Van Hollen (D-MD) also say that window could provide an opportunity to advance legislation to create an alternative regulatory model for consumable hemp products. Since 2018, cannabis products have been considered legal hemp if they contain less than 0.3 percent delta-9 THC on a dry weight basis. The new legislation specifies that, within one year of enactment, the weight will apply to total THC—including delta-8 and other isomers. It will also include “any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as a tetrahydrocannabinol (as determined by the Secretary of Health and Human Services).” The new definition of legal hemp will additionally ban “any intermediate hemp-derived cannabinoid products which are marketed or sold as a final product or directly to an end consumer for personal or household use” as well as products containing cannabinoids that are synthesized or manufactured outside of the cannabis plant or not capable of being naturally produced by it. Legal hemp products will be limited to a total of 0.4 milligrams per container of total THC or any other cannabinoids with similar effects. Within 90 days of the bill’s enactment, the Food and Drug Administration (FDA) and other agencies will need to publish list of “all cannabinoids known to FDA to be capable of being naturally produced by a Cannabis sativa L. plant, as reflected in peer reviewed literature,” “all tetrahydrocannabinol class cannabinoids known to the agency to be naturally occurring in the plant” and “all other known cannabinoids with similar effects to, or marketed to have similar effects to, tetrahyrocannabinol class cannabinoids.” The language slightly differs from provisions included in legislation that had previously advanced out of the House and Senate Appropriations panels, which would have banned products containing any “quantifiable” amount of THC, to be determined by the HHS secretary and secretary of agriculture. The post GOP Senator Attends Hemp Business Ribbon Cutting Ceremony, Vowing To Fight To Stop Looming Federal THC Product Ban appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

Under the new rules, business will have to reveal any agreements “that affect ownership, control or financial interests in cannabis operations.” By Rebecca Rivas, Missouri Independent Missouri cannabis regulators have routinely revoked microbusiness licenses for relying on contracts they’ve publicly characterized as “predatory.” The state is hoping to put a stop to the turnover through proposed rules that will be open for public comment starting Monday through January 14. Regulators first introduced the rules last December and have since held two opportunities for public input, before submitting them to the Missouri Secretary of State in November. The microbusiness program—sometimes called the social-equity cannabis program—was designed to boost opportunities in the industry for people in disadvantaged communities that have been most impacted by the war on drugs. It began in 2023, after passing as part of the constitutional amendment to legalize recreational marijuana in 2022. For the last two years, The Independent has documented a pattern of well-connected groups and individuals flooding the microbusiness lottery by recruiting people to submit applications and then offering them contracts that limit their profit and control of the business. Of the 105 microbusiness licenses issued so far, 35 have been revoked, including 22 that involved contracts drafted by St. Louis-based Armstrong Teasdale law firm. In order to prevent the continued cascade of revocations, the Missouri Division of Cannabis Regulation is proposing to adjust when its extensive application-review period occurs. The point when regulators would review questionable contracts would take place before the license is issued, instead of afterwards as it is now. The rules would also be changed to clarify that “owners, agents or representatives” of a microbusiness application or license that regulators have denied or revoked would be prohibited from holding a voting or financial interest in any other microbusiness license. The designated-contact role was envisioned as a way to ensure clear communication between the state and licensees. However, regulators found in their investigations that designated contacts have kept the actual eligible applicants in the dark about business and license dealings. The new rules would require the designated contact for a microbusiness applicant to be a majority owner of the microbusiness license. According to court documents, some applicants of the revoked licenses told regulators they were going to be “one of three managers,” leaving them without majority voting power in the business. And they did not demonstrate they had “a credible intent or ability to be the majority owner and operator” of the business, regulators found. Under the new rules, “majority owned and operated” would be defined as the eligible individuals who are listed as having majority ownership must have a level of operational control that would be expected of an owner. Eligible individuals must have the power to order or direct the management, managers and policies of the license, enter into agreements on behalf of the license and otherwise make decisions for the business. “A purported owner with little to no knowledge, control, agency or decision-making authority in an application or license does not meet the intent or meaning of the” constitutional amendment that created the microbusiness program, according to the press release the division issued when it introduced the rules last year. Applicants would also be required to take an online training course that addresses predatory practices and funding opportunities. The division expects to file the final version of rule amendments for formal rulemaking in early 2026, prior to the third round of microbusiness licensing. The contracts An investigation by The Independent in October revealed that the attorney who crafted most contracts at the heart of the recent license revocations also represents the marijuana industry trade group. Eric Walter is a St. Louis-based attorney who represents the Missouri Cannabis Trade Association and a significant percentage of the state’s cannabis licensees. He wrote 22 agreements the state believes would take the microbusiness licenses out of the hands of eligible applicants and put them into the hands of well-connected or out-of-state cannabis investors, according to the administrative appeal case documents obtained by The Independent. Each of those agreements largely led to the state revoking a microbusiness license issued last year for not meeting the constitutional mandate that the licenses be “majority owned and operated” by eligible applicants. All but one of the license revocations is being appealed to the Missouri Administrative Hearing Commission. To be eligible for a microbusiness license, applicants must meet certain criteria, including income below certain thresholds, having past marijuana offenses or being a disabled veteran. The contracts written by Walter gave applicants two years to pay back loans that can total up to $2 million. If they couldn’t, they’d have to pay a “break-up fee” of up to $2.5 million or give up ownership of the license transfers to the loan holder, according to the state’s response in several of the appeals. “Therefore, the business would likely be unable to generate revenue to pay back the loan,” the state argues in one of the legal filing responding to a revocation appeal. “This leaves them no option but to convert the debt into ownership.” In most cases, the same people involved in the consulting company that hired Armstrong Teasdale to draw up the contract are also involved in lending the money. Walter’s law firm and the consulting companies who hired the firm to draw up the agreements have vehemently denied the contracts are predatory, arguing the applicants voluntarily signed them. “Those documents are all transparent, fair and compliant with Missouri law, including the Department of Health and Senior Services’ rules,” Jamie Moss, spokeswoman for Walter’s law firm, Armstrong Teasdale, said in an email to The Independent in October. Under the new rules, regulators will specifically ask for any business agreements related to the license “that affect ownership, control or financial interests in cannabis operations,” including all management agreements, consulting agreements, partnership agreements, loans, “or other agreements whereby any entities stand to gain financially from the business.” This story was first published by Missouri Independent. The post Missouri Marijuana Officials File Proposed Rules Targeting ‘Predatory’ Contracts For Equity Businesses appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

A GOP congressman says President Donald Trump would “wrong” to move forward with a plan to reschedule marijuana, which he described as a “gateway drug” that leads to the use of “harder substances”—despite numerous studies contradicting that theory. The cannabis community is waiting with bated breath for Trump to make a decision on a proposal to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA). He said in August that there’d be a decision within weeks, and on Monday he said the administration was looking “very strongly” at the issue. Rep. Mike Lawler (R-NY) was asked about the potentially imminent reform during an interview with NewsNation’s “The Hill” that aired on Monday. And the congressman said it would be a bad idea, even though rescheduling would not federally legalize cannabis. Part of his thinking is rooted in the debunked “gateway drug” theory. Lawler also argued that there’s a policy disconnect between the administration’s aggressive anti-drug campaign ostensibly focused on fentanyl and the reported plans to reschedule marijuana, which Trump said on Monday would remove research barriers to study the plant. “If you look at the reason that we went after the cartels and labeled them foreign terrorist organizations, it’s because over 75,000 Americans are dying on an annual basis from fentanyl overdoses,” Lawler said. “Most of the drugs laced with fentanyl are coming across the border. And so [Trump is] right to go after that.” “He’s right to go after fentanyl. That is what is killing many Americans on an annual basis,” the congressman said. “But I think rescheduling marijuana is wrong. The fact is, marijuana is a gateway drug. Most of the people [who] end up using harder substances start out on marijuana.” He also echoed a common prohibitionist talking point about the potential health risks associated with using high-THC marijuana products. “The THC content in marijuana is significantly higher today than it was 30, 40 years ago,” he said, “and so when you look at the challenges that we’re facing as a country with substance use disorder, I don’t think rescheduling marijuana is wise. I’m opposed to that.” “I think we need to work to address the fact that we have a demand issue in this country. We need to help people get the support that they need—simultaneously going after the dealers and those, certainly, who push fentanyl-based products,” Lawler added. It remains to be seen whether Trump will ultimately fulfill his campaign promise to move cannabis to Schedule III, which would not legalize the plant but would let marijuana businesses take federal tax deductions while removing certain research barriers. He endorsed rescheduling—as well as industry banking access and a Florida adult-use legalization initiative—on the campaign trail last year. But he’s since been largely silent on the issue since taking office during his second term, until a briefing in August where in response to a reporter’s question he announced the administration would decide on rescheduling within weeks. Meanwhile, multiple top congressional Democrats are making the case that the modest reform would not go far enough—including Sen. Ron Wyden (R-OR) who said the move is only an attempt by the president to “gaslight” voters into thinking he legalized cannabis to boost his “pathetic” approval ratings. A major drug testing industry organization separately said it’s “sounding the alarm” amid the reports Trump may soon finalize the rescheduling proposal, arguing that the policy change would “have catastrophic consequences for the safety of the United States workforce and transportation sectors.” — Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — Cannabis industry stakeholders are holding out hope that the reform will be achieved as soon as possible, but opponents—including the National Drug & Alcohol Screening Association (NDASA) and Smart Approaches to Marijuana (SAM)—are working to dissuade the administration before a final decision is made. For what it’s worth, a White House spokesperson told Marijuana Moment last week that no actions have been finalized so far. Bipartisan congressional lawmakers have been weighing in on the potential rescheduling decision over the past week—with Democrats like Rep. Alex Ocasio-Cortez (D-NY) calling the reform a “no-brainer” and others like Rep. Andy Harris (R-MD) pushing back against the proposal. The Washington Post reported last week that Trump was planning to issue an executive order directing federal agencies to move ahead with cannabis rescheduling. The outlet also said the president met earlier this week in the Oval Office with marijuana industry executives, Health and Human Services Secretary Robert F. Kennedy Jr. and Centers for Medicare and Medicaid Services Administrator Mehmet Oz. During that meeting, Trump phoned Johnson, the House speaker, who expressed his opposition to rescheduling cannabis, If the administration does ultimately enact rescheduling, it would mark one of the most significant developments in federal marijuana policy since its prohibition a half a century ago, with a Schedule III reclassification recognizing that marijuana has medical value and a lower abuse potential compared to other Schedule I drugs like heroin. Photo courtesy of Chris Wallis // Side Pocket Images. The post Trump Would Be ‘Wrong’ To Reschedule ‘Gateway Drug’ Marijuana, GOP Congressman Says As Reform Rumors Spread appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

A coalition of anti-marijuana organizations is urging the U.S. Supreme Court to side with the federal government by upholding the constitutionality of a federal ban on gun ownership by people who use cannabis—which they claim is associated with violence and psychosis. In an amicus brief submitted to justices on Monday for a marijuana and firearms case, U.S. v. Hemani, Smart Approaches to Marijuana (SAM) and 21 other prohibitionist groups said that while cannabis is “marketed as a ‘chill’ drug by its peddlers,” today’s product has “become increasingly known for its relationship with violence.” “Given the shared national work amici are doing to stop the flow of drugs and their harms to society, they have a strong interest in laws restricting drug users’ access to firearms,” the brief said. “The evidence is clear: today’s highly potent marijuana causes psychosis, schizophrenia, other forms of severe mental illness, and violent behavior.” It added that if the federal statute known as 922(g)(3) is deemed unconstitutional—as multiple federal courts have determined in the lead-up to SCOTUS taking the Hemani case—would “magnify these harms exponentially and devastate America’s families.” The overarching argument of the brief is the idea that marijuana is strongly linked to mental illness, which may make a more compelling reason to maintain the gun ban given the need to establish a historical, legal analogue going back to the country’s founding under recent Supreme Court precedent. “Marijuana is thus strongly associated with long-lasting mental illness,” it said. “This court has already recognized that mental illness is a compelling reason to restrict gun ownership.” But the prohibitionist organizations’ brief raised eyebrows for another reason: It claimed marijuana use is more dangerous to society and a person’s mental health than alcohol, despite conflicting data from studies the filing did not cite. “Unlike alcohol use, marijuana use has long had a documented, causal relationship with schizophrenia and psychosis,” it said. “Alcohol’s relationship with mental distress typically ends when the user is no longer feeling its effects. Marijuana’s relationship with mental illness is often only getting started there: When regular marijuana users develop cases of schizophrenia or psychosis, these ailments often endure.” The point echoes a recent filing from the Justice Department itself in Hemani, with U.S. Solicitor General D. John Sauer advising justices that people who use illegal drugs “pose a greater danger” than those who drink alcohol. In addition to SAM, the new brief was also signed by Americans Against Legalizing Marijuana, Cannabis Industry Victims Educating Litigators, CADCA, Drug Watch International Inc., Drug Free America Foundation, Save Our Society from Drugs, National Families in Action and 14 other groups. “The state-level legalization of marijuana has spawned big business, with large corporations competing to create stronger products designed to addict users,” they said. “As marijuana has become a competitive, commercialized product, its potency has soared, leading to substantial harm to public health and safety.” “The drug has thus become much more deleterious to mental health: Marijuana use is now a leading risk factor for schizophrenia, psychosis, and other forms of mental illness,” the brief continues. “Marijuana is now also a common denominator in many instances of gun violence. Because of marijuana’s causal relationship with an increased risk of mental illness and violence, this Court should affirm the federal prohibition on drug users owning firearms.” The DOJ and amicus briefs were filed as rumors swell that President Donald Trump intends to issue an executive order directing federal agencies to reclassify marijuana, moving it from Schedule I to Schedule III of the Controlled Substances Act (CSA). Whether that happens is yet to be seen. Meanwhile, the Biden administration was evidently concerned about potential legal liability in federal cases for people convicted of violating gun laws simply by being a cannabis consumer who possessed a firearm, documents recently obtained by Marijuana Moment show. The previously unpublished 2024 guidance from former President Joe Biden’s Justice Department generally cautioned U.S. attorneys to use discretion in prosecuting federal cannabis cases, particularly for offenses that qualified people for pardons during his term. But one section seems especially relevant as the Supreme Court takes on a case challenging the constitutionality of the current federal gun statute. With respect to Hemani, in a separate August filing for the case, the Justice Department also emphasized that “the question presented is the subject of a multi-sided and growing circuit conflict.” In seeking the court’s grant of cert, the solicitor general also noted that the defendant is a joint American and Pakistani citizen with alleged ties to Iranian entities hostile to the U.S., putting him the FBI’s radar. Now that the Supreme Court has agreed to take up Hemani, if justices declare 922(g)(3) constitutional, such a ruling could could mean government wins in the remaining cases. The high court last month denied a petition for cert in U.S. v. Cooper, while leaving pending decisions on U.S. v. Daniels and U.S. v. Sam. The court also recently denied a petition for cert in another gun and marijuana case, U.S. v. Baxter, but that wasn’t especially surprising as both DOJ and the defendants advised against further pursing the matter after a lower court reinstated his conviction for being an unlawful user of a controlled substance in possession of a firearm. Meanwhile, in recent interviews with Marijuana Moment, several Republican senators shared their views on the federal ban on gun possession by people who use marijuana—with one saying that if alcohol drinkers can lawfully buy and use firearms, the same standard should apply to cannabis consumers. Separately, the U.S. Court of Appeals for the Tenth Circuit earlier this year sided with a federal district court that dismissed an indictment against Jared Michael Harrison, who was charged in Oklahoma in 2022 after police discovered cannabis and a handgun in his vehicle during a traffic stop. The case has now been remanded to that lower court, which determined that the current statute banning “unlawful” users of marijuana from possessing firearms violates the Second Amendment of the Constitution. The lower court largely based his initial decision on an interpretation of a Supreme Court ruling in which the justices generally created a higher standard for policies that seek to impose restrictions on gun rights. Separately, in the U.S. Court of Appeals for the Eleventh District, judges recently ruled in favor of medical cannabis patients who want to exercise their Second Amendment rights to possess firearms. As a recent report from the Congressional Research Service (CRS) explained the current legal landscape, a growing number of federal courts are now “finding constitutional problems in the application of at least some parts” of the firearms prohibition. In a recent ruling, a three-judge panel for the U.S. Court of Appeals for the Eighth Circuit vacated a defendant’s conviction and remanded the case back to a district court, noting that a retrial before a jury may be necessary to determine whether cannabis in fact caused the defendant to be dangerous or pose a credible threat to others. The Third Circuit separately said in a published opinion that district courts must make “individualized judgments” to determine whether 922(g)(3) is constitutional as applied to particular defendants. A federal court in October agreed to delay proceedings in a years-long Florida-based case challenging the constitutionality of the ban on gun ownership by people who use medical marijuana, with the Justice Department arguing that the Supreme Court’s recent decision to take up Hemani warrants a stay in the lower court. — Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — Earlier this year, a federal judge in Rhode Island ruled that the ban was unconstitutional as applied to two defendants, writing that the government failed to establish that the “sweeping” prohibition against gun ownership by marijuana users was grounded in historical precedent. A federal judge in El Paso separately ruled late last year that the government’s ongoing ban on gun ownership by habitual marijuana users is unconstitutional in the case of a defendant who earlier pleaded guilty to the criminal charge. The court allowed the man to withdraw the plea and ordered that the indictment against him be dismissed. DOJ has claimed in multiple federal cases over the past several years that the statute banning cannabis consumers from owning or possessing guns is constitutional because it’s consistent with the nation’s history of disarming “dangerous” individuals. In 2023, for example, the Justice Department told the U.S. Court of Appeals for the Third Circuit that historical precedent “comfortably” supports the restriction. Cannabis consumers with guns pose a unique danger to society, the Biden administration claimed, in part because they’re “unlikely” to store their weapon properly. Meanwhile, some states have passed their own laws either further restricting or attempting to preserve gun rights as they relate to marijuana. Recently a Pennsylvania lawmaker introduced a bill meant to remove state barriers to medical marijuana patients carrying firearms. Colorado activists also attempted to qualify an initiative for November’s ballot that would have protected the Second Amendment rights of marijuana consumers in that state, but the campaign’s signature-gathering drive ultimately fell short. As 2024 drew to a close, the ATF issued a warning to Kentucky residents that, if they choose to participate in the state’s medical marijuana program that’s set to launch imminently, they will be prohibited from buying or possessing firearms under federal law. The official said that while people who already own firearms aren’t “expected to” turn them over if they become state-legal cannabis patients, those who “wish to follow federal law and not be in violation of it” must “make the decision to divest themselves of those firearms.” Since then, bipartisan state lawmakers have introduced legislation that would urge Kentucky’s representatives in Congress to amend federal law to clarify that users of medical marijuana may legally possess firearms, though no action has since been taken on that bill. Kentucky Gov. Andy Beshear (D) said in January that he supported the legislature’s effort to urge the state’s congressional delegation to call for federal reforms to protect the Second Amendment rights of medical marijuana patients, but the governor added that he’d like to see even more sweeping change on the federal level. The post Marijuana Isn’t ‘Chill’ And Is Actually More Dangerous Than Alcohol, Anti-Legalization Groups Tell Supreme Court In Brief For Gun Rights Case appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

Elite athletes find cannabidiol, or CBD, useful for soreness and recovery, a new study shows. Researchers found that top competitors use CBD to manage pain, improve sleep and ease the stress of training at the highest level. But the results suggest that even as many athletes believe the cannabis compound helps them recover, they also worry that using it could jeopardize their careers under international anti-doping rules. The study, conducted between late 2021 and mid-2023 and published this month in the journal Frontiers in Nutrition, surveyed 80 elite Canadian athletes across 27 national sport organizations. To be included, athletes needed to have experience as part of the country’s Olympic or Paralympic team program. About 38 percent reported using CBD at some point, and nearly a third of those said they were still using it at the time of the survey. The participants’ motivations reflect a broader societal trend of relying on CBD for therapeutic benefit. The study found that 96 percent of CBD users said they believed the substance was safe, 93 percent said it improved their sleep, 90 percent said it helped them relax and 77 percent credited it with reducing pain from training. “Thirty eight percent of athletes self-reported using CBD, and cumulatively agreed or strongly agreed that CBD improved sleep and relaxation, reduced pain from training, and enhanced physical and mental recovery following training or competition.” Despite the reported benefits, CBD use among athletes remains a controversial topic. Although the World Anti-Doping Agency removed CBD from its list of banned substances in 2018, all other cannabinoids—including THC—remain prohibited. This creates conditions the authors describe as “a fine line between unintentional doping and intentional use of cannabis products.” Because many commercially available CBD products contain trace levels of these banned compounds, athletes who rely on them may be risking inadvertent doping violations. That concern, researchers found, was the single most common reason athletes chose not to try CBD or stopped using it altogether. The authors, affiliated with McGill University and the Canadian Sport Institute, also noted that “some CBD-fortified foods and beverages have been reported to convert CBD into THC under low pH conditions…potentially yielding sufficient THC (3 mg) to trigger a positive urine test for prohibited cannabinoids.” They further observed that physical exertion prior to testing may increase detectable THC levels. Altogether, the situation puts athletes in a kind of limbo. Those who feel genuine relief from CBD are left to navigate a market where product labels can’t always be trusted and scientific guidance remains sparse. Many said they first heard about CBD through friends or online, not from sports physicians or trainers. “Many athletes expressed concerns about the potential for inadvertent anti-doping rule violations due to CBD product contamination with THC or other banned cannabinoids.” “Given that athletes frequently reported obtaining information on CBD from friends and online sources,” the authors wrote, “there is also a need to test interventions that enhance evidence-based knowledge among both athletes and clinicians.” The study comes following sports leagues in the U.S. taking steps to update their marijuana policies as legalization becomes more widespread, including the National Collegiate Athletic Association (NCAA) and the National Football League (NFL). An NFL-funded study from 2024 found that marijuana use is becoming more widely accepted among athletes. The authors of that paper noted that “education and awareness on benefits and potential harm is needed for athletes, medical staff, and policymakers.” Meanwhile, the Major League Baseball (MLB) removed marijuana from its list of banned substances in 2019. The National Basketball Association followed suit in 2023. The post CBD Provides Pain Relief, Improves Sleep And Aids Relaxation, Study Involving Olympic Athletes Shows appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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