Archive

Rescheduling Marijuana: What It Means (and Doesn’t) for Criminal Justice Reform

By Angela George, Shawn Hauser
Nov 3, 2025

The DEA’s proposal to move marijuana to Schedule III would change its federal classification by acknowledging its medical use and relative safety, but marijuana would remain a controlled substance with most criminal penalties and collateral consequences unchanged. Federal illegality would persist until FDA approval, and prior convictions would remain unaffected. Read on for how the proposed rescheduling could affect criminal justice for marijuana convictions.

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Vicente LLP Attorney Shawn Hauser Contributes to the Global Cannabis Regulatory Summit White Paper Book 2025

Aug 28, 2025

Vicente LLP partner Shawn Hauser contributed her insights to the Global Cannabis Regulatory Summit White Paper Book 2025, where she discussed the disconnect between U.S. federal and state cannabis policy. Her perspective on banking reform and international regulatory alignment is reflected in the White Paper’s actionable recommendations for advancing global cannabis markets. Download the whitepaper now.

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Trump Signals Cannabis Rescheduling: Schedule III Marijuana Decision Expected Soon

By Shawn Hauser
Aug 20, 2025

President Trump has confirmed that his administration is actively reviewing a proposal to move cannabis from Schedule I to Schedule III. If approved, this change would officially recognize medical use for the first time in over 50 years and could bring major shifts for the cannabis industry. In this article, we’ll break down what Schedule III would mean, the opportunities and limits of rescheduling, and what cannabis businesses should keep in mind as these changes unfold.

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Cannabis Rescheduling Hearings Postponed: How Did We Get Here and What Happens Next?

By Shawn Hauser, Andrew Livingston
Jan 31, 2025

The much-anticipated hearings on the proposed rulemaking to reschedule cannabis, which were scheduled to begin on January 21, have been postponed for at least three months as a result of an appeal granted by DEA Administrative Law Judge John Mulrooney. In this article, we examine a timeline of progress on rescheduling so far and discuss what may happen next and how the new administration may affect the process.

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[Webinar] Cannabis Rescheduling: Timeline, Tax Strategies & 280E

Oct 17, 2024

Watch this Vicente session to learn about how rescheduling may impact 280E and tax planning! Vicente attorneys, along with special guest tax attorneys from HBK CPAs and Jones & Keller, provide an update on the rescheduling process, including the timeline to a final rule and potential obstacles, along with a deep dive into 280E and tax strategies.

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Cannabis Rescheduling Hearing Set: What Happens Now?

By Jason Adelstone
Sep 9, 2024

The DEA Hearing on Proposed Rulemaking for cannabis rescheduling will take place on December 2, 2024. What happens next? Read this insights article to learn about the importance of "interested persons" and the administrative law judge appointed to oversee the hearing, the anticipated timeline, the potential impact of the presidential election, and more.

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Litigation Attorney Tim Swain and Cannabis Economist Andrew Livingston Slated to Speak at the 2024 AICPA & CIMA Cannabis Industry Conference

Jul 22, 2024

Vicente LLP partner Tim Swain and director of economics and research Andrew Livingston will speak during the AICPA & CIMA Cannabis Industry Conference in Aurora, CO on August 13. Tim will discuss litigation and forensics, and Andrew will provide insights on the cannabis market’s current conditions and future opportunities post-rescheduling. Register now!

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Your Voice Matters: Help Transfer Cannabis out of Schedule I

By Shawn Hauser
May 29, 2024

We are at a historic and critical moment for cannabis reform, as the DOJ and HHS/FDA have proposed rescheduling cannabis to Schedule III. The DEA is accepting public comments until July 22, 2024 via the Federal eRulemaking Portal, so now is the time to take action and make your voice heard!

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Cannabis Rescheduling: The DEA's Proposed Rule and the Supporting OLC Opinion

By Jason Adelstone
May 21, 2024

The DEA published its proposed rule to move marijuana from schedule I to schedule III on May 21, and the 60-day public comment period has officially opened. The DEA also published an opinion from the Office of Legal counsel that provides a thorough analysis supporting why placing marijuana in schedule III is appropriate and legally justified. Read this insight for a high-level overview of the proposed rule and the OLC Opinion.

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Marijuana Rescheduling Part II: Why Opponents Continue to Have No Idea What They Are Talking About

By Jason Adelstone
May 20, 2024

In a recent House Committee meeting with DEA Administrator Anne Milgram, Rep. Andrew S. Clyde voiced his opposition to removing marijuana from Schedule I based on public safety reasons, but then contradicted himself by stating marijuana is “not as dangerous as some of the others we have talked about” (the meeting focused primarily on fentanyl’s harms to communities). This blog post addresses the false narratives and misconceptions that opponents of cannabis reform continue to promote.

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Key Takeaways for the Hemp Industry from the House's Draft Text for 2023 Farm Bill and DEA's Proposed Rules to Reschedule Marijuana

By Michelle Bodian
May 17, 2024

This was a big week for hemp (as well as marijuana)! The proposed rules to reschedule marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA) were released and will be officially published in the federal register on May 21, 2024. Some of the language is relevant to hemp and hemp products. Additionally, the U.S. House of Representatives released draft text for the 2023 Farm Bill. Read this insight for key takeaways.

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4 Major Implications of Cannabis Moving to Schedule III

By Andrew Livingston, Jason Adelstone, Shawn Hauser
Apr 30, 2024

After 50 years of being in the most restrictive schedule alongside drugs like heroin and PCP, the DEA will move to reschedule marijuana from Schedule I to Schedule III, where the plant’s medical benefits will finally be recognized by the federal government. Read this article for answers to four of the most important questions about the effects Schedule III will have on cannabis and society.

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Marijuana Rescheduling: Why Opponents Have No Idea What They Are Talking About

By Jason Adelstone
Apr 29, 2024

After listening to the House Oversight and Accountability Committee Hearing with the Commissioner of the FDA on April 11, one conclusion was reinforced—opponents of marijuana reform are misinformed and rely on misstating facts to support their position. Those against moving marijuana into schedule III are making their voices heard, but almost universally, those voices simply do not understand what schedule III would mean.

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The DEA’s Scheduling of Marijuana: What Happens After the DEA Publishes Its Rule?

By Jason Adelstone
Jan 30, 2024

On August 29, 2023, the Department of Health and Human Services (“HHS”) sent the Drug Enforcement Administration (“DEA”) its recommendation to move marijuana from Schedule I to Schedule III of the Controlled Substances Act (“CSA”). Since then, the marijuana industry has waited in suspense for the DEA to make the final call as to what schedule marijuana will be placed. Read this Insights post that outlines the complex process of marijuana rescheduling in the US and outlines the key steps involved, from rule publication to review and final rule, emphasizing the critical role of stakeholder engagement in securing a Schedule III classification.

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[Webinar] Identifying International Cannabis Opportunities in Europe

Oct 26, 2023

This recorded session features members of Vicente LLP’s Federal and International Law and Policy practice group and London cannabis attorney Robert Jappie of Fieldfisher sharing insights into what’s happening with cannabis and hemp-derived cannabinoids across the pond and opportunities for US operators and investors.

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US Officially Recognizes Medical Use and Safety of Cannabis: The Top 6 Things to Know About Schedule III and the Process Ahead

By Shawn Hauser
Aug 31, 2023

The federal government formally acknowledged the medical use and low potential of abuse for cannabis, with the US Department of Health and Human Services recommending that cannabis be rescheduled to Schedule III under the Controlled Substances Act. While placement in Schedule III still criminalizes commercial cannabis activity at the federal level, it is a significant step on the path to ending prohibition. This rescheduling would eliminate the application of 280E tax penalties, reduce the level of criminal liability for cannabis-related activity, reduce barriers to research, legitimize the industry through gaining credibility and engagement by physicians and the medical community, and support a growing industry for the American economy.

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