"It's hard to see the big headlines of, 'Marijuana rescheduled to [Schedule] III; marijuana research will open,' says Gillian Schauer, executive director of the nonpartisan Cannabis Regulators Association, which includes agencies from 46 states. 'You know, those things are not true as of now.'"
""The Controlled Substances Act [of 1970] does not grant any president the authority to unilaterally reschedule a drug," Schauer says."
An executive order directs steps to reschedule marijuana to Schedule III but the Controlled Substances Act does not permit unilateral presidential rescheduling. Rescheduling historically requires a formal rulemaking process or an act of Congress. Rescheduling alone will not repeal federal criminal statutes or legalize interstate marijuana commerce. Expanded research access will not occur immediately because administrative steps and agency guidance are required. Federal drug-testing policies and other regulations remain subject to agency determinations. The timeline and scope of changes depend on the Department of Justice's chosen rulemaking path and subsequent agency guidance.
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