Roll up for Cannabis Equity
By Terrie Best
The Department of Justice has announced they plan to move “marijuana” (they call it that because they are silly and won’t get onboard) from class I to III on the controlled substances schedule.
74% of Americans live in a state with a cannabis program of some kind. This is the first change to federal cannabis policy in decades and it is to be celebrated for sure. Still, the goal is and must remain full legalization and removal from the controlled substances schedule altogether. Which could mean that medical cannabis will take a different track then adult use.
Also, class III drugs are still not federally regulated and currently and after the change, if you are selling cannabis, you are still subject to federal punishment. With the proposed change it would be just less punishment and if you were to take it to jury you have a bit more defense as a state legal shop.
The very best part of the move is that the industry will be allowed to write off business expenses. Under an Internal Revenue Service code known as 280E even state licensed shops were not allowed to write off deductions for expenses. This cuts into profits and was a huge pain as a Cost of Goods model was used. COG is something I know little about but I hear is about as cumbersome as government can get.
Since 280E only applies its prohibitions to commerce related to schedules I and II, the move to III will be a much needed boon for the industry, tax-wise
The other great thing about the move is cannabis research will be much easier and we will finally get to prove once and for all to those soccer moms and grandmothers (you know who you are) who call in to literally every city meeting and claim there is no medical benefit to cannabis.
The FDA struggles with botanical drugs. My favorite cannabis researcher and clinician, Michelle Sexton, ND once said “Not all plants want to be drugs.” Since single molecule compounds are the FDA’s only version of medicine. There’s no path for patients cannabis via the FDA.
“Cannabis has currently accepted medical use in treatment in the US.” This is the new message. Medicine is defined as an FDA approved drug so this phrase is the best we are going to get. Just being able to say that the government agrees with patients now is very gratifying. We don’t have to spend time trying to convince our electeds of that anymore. We’re free of the stigma of “drug user.” This is a game changer for advocates.
To move forward congress will have to act and the public will still need to weigh in. Since the move is happening through executive order with a set of steps needed and a lot of red tape involving the OMB, FDA, DOJ, HHS and DEA, legal challenges and judicial reviews at any point are very likely to slow things down. After the ruling, the lawsuits and judicial reviews will continue. And an Executive order can be overturned by the next president.
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And,while all this is happening, let us not forget that thousands of good Americans are still rotting in our slave labor camps because of insane cannabis laws. Next time that you fire up that fatty, please think about them.
Thank you for this very important comment.
A tiny bit of history of the draconian policies from The Bonnie Dumanis era. She used to put EVERYBODY through trial. These defendants had court supporters watching and offering expert witnesses for the defense.
Eventually Dumanis’ rein of terror ended with two Ten minute not guilty verdicts in a row. You can read about them at http://www.SafeAccessSD.com by searching for “ten minute not guilty verdict.”
Also, San Diego defendants were responsible for case law that affected the entire state in positive ways. Google “People V Jovan Jackson” and there’s a Wiki Page. San Diego activists such as yourself who are well informed contributed to a lot of positive change in cannabis justice. The defendants are heroes and the many SD defendants who fought their cases actually won.
I feel terrible for those who plead out in SD.
Thanks for posting.