Federal Schedule III Rescheduling, 280E Relief, and Workplace Testing Trends
Key Questions
What was the outcome of the DEA rescheduling hearings?
DEA hearings concluded with both sides claiming the record favors their position, setting the stage for potential court battles. Opponents including several state AGs have sued to block the change.
Does rescheduling marijuana provide immediate tax relief for medical operators?
Yes, medical operators receive immediate 280E relief upon rescheduling. However, it does not expunge prior records or alter employer rights.
How does the DoD policy address marijuana use after rescheduling?
A DoD memo reaffirms the military ban on marijuana use despite federal rescheduling. This policy remains unchanged for service members.
What recent trend has been observed in workplace drug testing?
Marijuana positivity rates among workers are rising even as some employers ease hiring rules. This reflects shifting attitudes and hiring pressures in the labor market.
Could a Supreme Court case on home distilling affect federal cannabis prohibition?
A potential Supreme Court case on home distilling might challenge the Commerce Clause precedent that underpins federal cannabis prohibition. This could have broader implications for cannabis law.
DEA hearings (June 29-July 15) concluded; both sides claim record favors them. DEA's own lawyers argued for medical use. Stage set for court battle; state AGs (Nebraska, Indiana, Louisiana) sued to block. Supreme Court's Loper Bright decision casts doubt. TSA now allows medical cannabis in carry-on. Medical operators get immediate 280E relief. Rescheduling does not expunge records. Legal marijuana revenue declined first time in 2025; states surpassed $28B cumulative tax revenue. SAFE Banking bill back. Employer rights unchanged. New federal hemp law effective Nov 12, 2026 includes THC beverage ban; White House pushing to delay enforcement. Senators are stepping up push to preserve the hemp THC ban. Workplace drug testing positivity rates rising; employers easing hiring rules. DoD memo reaffirms military ban. DOJ head Blanche sidesteps questions. A potential Supreme Court case on home distilling could challenge Commerce Clause precedent. A federal study shows teen cannabis use declining as more states legalize. A new study finds businesses in medical cannabis states show better performance, innovation, and talent retention. A state-by-state THCA legality guide highlights complexity. The consumer loss angle from the Rod Kight op-ed underscores the stakes of the federal hemp ban. Trump named Will Scharf as White House Counsel; Scharf was staff secretary when Trump signed the rescheduling executive order, now will be legal liaison with DOJ as post-hearing briefs are due, potentially influencing final rule. The PA Chiefs of Police op-ed adds law enforcement weight to the federal hemp ban push. A recent retrospective article highlights industry divisions (medical vs adult-use vs hemp) and 280E relief uncertainty. The Senate hemp vote split partisan lines, and a new bipartisan bill to regulate hemp THC drinks like alcohol has been introduced. Farmers warn the federal hemp ban threatens legitimate CBD farmers. PA AG Dave Sunday pushes hemp product ban. A new Texas Tech study on agriculture jobs provides additional economic evidence for legalization's benefits. Marijuana reform is emerging as a midterm elections issue on both sides of the aisle, with polling showing declining Republican support and 280E relief becoming a donor influence factor. Key Monday deadline for DEA rescheduling briefs; NORML expects recommendation to support Schedule III, SAM opposes.